EDPB Adopts Report on GDPR Right of Access Following 2024 Coordinated Enforcement Action
On January 20, 2025, the European Data Protection Board (EDPB) adopted a report on the implementation of the right of access by controllers under the GDPR (the Report). The right of access was the subject of the EDPB’s third coordinated enforcement action (CEF) in 2024 which involved 1,185 controllers of varying size, industry, and sectors. The Report provides useful recommendations for controllers on how to comply with access requests, including guidance on how long access request documentation should be retained, the importance of maintaining internal documentation, and how to avoid a ‘one size fits all’ approach. The Report emphasizes that access requests should be handled on a case-by-case basis, considering the broad scope of the right and the limited exemptions.
Advisor to the CJEU Confirms GDPR Fines For Subsidiary Infringements Should Reflect Group Turnover
On 12 September 2024, Advocate General Medina issued their Opinion in Case C-383/23 in which they confirmed that supervisory data protection authorities must, when calculating the fine for a GDPR infringement committed by a subsidiary, take into account the total annual turnover of the entire group—a concept known as parental liability.
EU Governments Sign-off Proposed Reforms to GDPR Procedural Rules and Council Reaches Common Member States’ Position
On 24 May 2024, the Council of the European Union (the “Council”) released new details of a proposed reform of the General Data Protection Regulation’s (“GDPR”) procedural rules, which representatives of EU national governments approved on 29 May 2024. On 13 June 2024, the Council issued a press release detailing its agreed common Member States’ position that maintains the general thrust of the original proposed reforms, but which seeks to: (i) introduce clearer timelines; (ii) improve efficiency of cooperation; and (iii) provide an early resolution mechanism.
ICO Publishes Guidance on Handling Worker Health Data
On 31 August 2023, the UK Information Commissioner’s Office (ICO) published guidance on the handling of worker health data for employers (ICO Guidance). The ICO Guidance aims to provide tips and good practice advice about how to comply with applicable data protection legislation such as the UK GDPR when collecting and processing worker health data. Helpfully, the ICO Guidance also contains various checklists to help employers assess data protection considerations when processing worker health data.
New EU FIDA Proposal: How Does This Affect GDPR?
The European Commission issued the Financial Data Access Act (FIDA) proposal in June this year. FIDA will create a legislative framework that aims to “bring payments and the wider financial sector into the digital age” by facilitating the sharing of and access to customer financial data (whether of businesses or consumers).
EU Commission Adopts New Rules for GDPR Enforcement: the Beginning of a Centralized Enforcement Model?
On 4 July 2023, the EU Commission proposed a new Regulation for procedural rules to standardize and streamline cooperation between EU Member State Data Protection Authorities (DPAs) when enforcing the EU General Data Protection Regulation (GDPR) in cross-border cases (GDPR Procedural Regulation). The GDPR adopts a decentralized enforcement model. National EU Member State DPAs are competent to enforce the GDPR on their respective territories. However, in cases with cross-border elements, the GDPR requires all concerned DPAs to cooperate in accordance with the GDPR’s “one-stop-shop” through cooperation and consistency mechanisms. Although these mechanisms establish key principles of cooperation and provide the basis for consistent application of the GDPR throughout the EU, the EU Commission determined more legislative action was needed to increase efficiency and harmonization of cross-border GDPR enforcement action.
EU-U.S. Adequacy Once Again
On July 10, 2023, the European Commission issued its Final Implementing Decision granting the U.S. adequacy (“Adequacy Decision”) with respect to companies that subscribe to the EU-U.S. Data Privacy Framework (“DPF”).
Unpacking Digital Data Laws Across Europe: Addressing the Digital Markets Act
The EU Digital Markets Act (DMA) is set to revolutionize the way in which so-called ‘Big Tech’ is regulated in the EU, shifting toward ex-ante rulemaking and away from traditional after-the-fact enforcement. The DMA imposes a stringent regulatory regime on large online platforms (so-called “gatekeepers”) and gives the European Commission (Commission) new enforcement powers, including an ability to impose severe fines and remedies for noncompliance.
U.S.-EU Data Transfer Framework Signals Strengthened Collaboration
*This article first appeared on Law360 on October 14, 2022
A series of coordinated announcements on Oct. 7 lifted the veil on a new trans-Atlantic data transfer mechanism.
This announcement has been hotly anticipated since a joint declaration from the U.S. and European Union governments on March 25, that there was an agreement in principle for a new EU-U.S. Data Privacy Framework.
The key document in the framework process is Executive Order No. 14086 on enhancing safeguards for U.S. signals intelligence activities, accompanied by a detailed fact sheet on the executive order.
Part II – Digital Health Passports in Europe: Amended Proposal for a Digital Green Certificate and Eligible Testing Methods
In March 2021, the European Commission released a proposal for the creation of a “Digital Green Certificate,” which will allow EU citizens to travel easier throughout the EU during the COVID-19 pandemic. Last week, the EU Member States agreed on some proposed changes to the proposal, including strengthening of the data privacy provisions. According to the proposal, in order to obtain a Digital Green Certificate, individuals must prove that they have been vaccinated, present a negative test result, or have recently recovered from COVID-19. The proposal allows the issuance of a certificate for all COVID-19 vaccines, which have received an EU-wide marketing authorisation, however only the results of certain in vitro diagnostic tests will be considered valid.
