- An Increase in Extortion-Only Cyber Attacks – While ransomware attacks have been on the rise since 2020, a recent trend has emerged where threat actors are bypassing ransomware malware and encryption tactics and going straight to data theft. If a victim company does not pay the extortion demand, the threat actors engage in increasingly aggressive
Dr. Viola Bensinger
Viola Bensinger is Global Co-Chair of the Greenberg Traurig’s IP & Technology Practice Group and the Global Data Privacy & Cybersecurity Practice, and also chairs the Technology Practice in Germany. She advises clients from the technology, media, health care, automotive and other industries.
Deadline: ‘Old’ Standard Contractual Clauses (SCCs) Expire Dec. 27, 2022
After an extended sunset period, time to replace the “old” SCCs runs out on Dec. 27, 2022. After that date, the old SCCs will no longer legalize data transfers to countries outside the European Economic Area (EEA). To avoid compliance risks associated with illegal transfers of personal data, any old SCCs should be updated to…
EU Commission Confirms Adequate Level of Data Protection in South Korea
With its adoption of an adequacy decision pursuant to Art. 45 General Data Protection Regulation (GDPR) for the Republic of Korea on Dec. 17, 2021, the European Commission has declared that the country provides an adequate data protection level comparable with GDPR standards.
The new Telecommunications Telemedia Data Protection Act (TTDSG)
The new Telecommunications Telemedia Data Protection Act (TTDSG) (link in German) is the result of a clean-up campaign in German data protection law. The TTDSG, which became effective 1 December 2021, merges the data protection regulations in telemedia and telecommunications law that were previously scattered across a wide array of German laws.
The ‘Other SCC’: June 4, 2021 EU Commission Decision on Data Processing Agreement Standard Contractual Clauses
So much has been said about the new Cross-Border standard contractual clauses (SCC), which the EU Commission finally adopted on 4 June 2021 (see GT blog post from 9 June 2021), that it almost went unnoticed that the Commission published two different kinds of SCC that day. The other set of SCC (the DPA-SCC)…
EU Decision on Cross-Border SCC of June 4, 2021
On 04 June 2021, the EU Commission adopted two new sets of standard contractual clauses (SCC): one set for the transfer of personal data from the EU to third countries (Cross-Border SCC) and another set addressing certain clauses in controller-processor data processing agreements (DPA-SCC). The adoption was made some seven months after initial drafts…
E-Privacy Regulation: EU Council Finally Adopts Its Position, and Trilogue begins
After more than four years of negotiations, the Regulation on Privacy and Electronic Communications (ePrivacy Regulation), which will replace the ePrivacy Directive (2002/58/EC), appears to be at a turning point. On Feb. 10, 2021, the Council of the European Union announced it has adopted a consolidated version (the “Council’s Position”) which will be the basis…
New Draft Standard Contractual Clauses for Cross-Border Transfers of Personal Data and Controller-Processor Relationships
On 12 November 2020 the Commission of the European Union (EU) published two draft implementing decisions – one containing a draft new set of standard contractual clauses for transfers of personal data from the EU to third countries (the Cross-Border SCCs), and one containing a draft of new standard contractual clauses for certain clauses in…
Dutch Data Protection Authority approves Code of Conduct for Data Processors in the ICT Sector
On August 27, 2020 the Dutch Data Protection Authority (Dutch DPA) announced that it approved the first ‘code of conduct’ in the Netherlands, the Data Pro Code. The Data Pro Code was drafted by NL Digital, the Dutch industry association for organizations in the ICT sector in the Netherlands.
What is a ‘Code of…
EDPB Issues Data Transfer FAQs in the Post Privacy Shield Area
The Court of Justice of the European Union (CJEU)’s historic decision in Schrems II, in which the EU-U.S. Privacy Shield was invalidated, requires businesses to rethink the mechanism they can rely on to transfer personal data from the EU to the United States and other countries. After several EU data protection authorities (DPAs) published their reactions, the European Data Protection Board (EDPB), an association comprising, inter alia, national DPAs of all EU Member States, presented its guidance in form of an FAQ.
At the time of its publication, the guidance comprises 12 FAQs. It will be updated with further analysis. While the EDPB notes that supplementary measures may be necessary when using standard contractual clauses (SCCs), it fails to specify what that means but promises to provide more guidance in the future. Summarized below are the key takeaways from the EDPB’s guidance. …
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