Data sharing

International – ASEAN proposes Model Clauses for international data transfers

Jane Finlayson-Brown

On 22 January 2021, the Digital Senior Officials’ meeting of the Association of Southeast Asian Nations (ASEAN) approved model contractual clauses for cross-border data flows (ASEAN Model Clauses) and related guidance on their implementation. The ASEAN Model Clauses include two sets of contractual terms to cover controller-processor and controller-to-controller situations. The ASEAN Model Clauses are Read More

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Digital Markets Act: EC publishes details of proposed competition rules for ‘gatekeeper’ digital platforms

Dominic Long

On 15 December the European Commission (EC) published its draft Digital Markets Act (DMA), which will introduce broad reforms to the application of EU competition law to ‘gatekeepers’ in the digital sector. The proposals set out in-principle criteria for companies that offer ‘core platform services’, which, if met, raise the rebuttable presumption that the company Read More

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What Are The Prospects for UK Adequacy Now?

David Smith

EU officials were reported recently in the media as saying that there are two key issues standing in the way of an adequacy finding for the UK. These are the use of data by the UK intelligence services and the potential “onward flow” of data from the UK to countries such as the US.  Apparently Read More

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Schrems II – EDPB FAQs response

Jane Finlayson-Brown

Further to last week’s landmark decision by the Court of Justice of the European Union (CJEU) in Case -311/18 Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (Schrems II) invalidating the EU-US Privacy Shield data transfer mechanism, European data protection regulators have been discussing their response and EU data exporters have been waiting. Read More

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CJEU invalidates EU-US Privacy Shield framework and upholds EC Standard Contractual Clauses

Nigel Parker

On 16 July 2020, the Court of Justice of the European Union (the CJEU) issued a landmark decision in Case C-311/18 Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (commonly referred to as Schrems II). The CJEU invalidated the European Commission’s (the EC) adequacy decision on the EU-US Privacy Shield and upheld the general Read More

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EU: On the Origin of Big Data – is D.A.R.W.I.N the future?

Benjamin Scrace

A joint task force of the European Medicines Agency (EMA) and Heads of Medicines Agencies (HMA) has proposed a new approach to the use of “big data” in EU medicines regulation. The report, from the Big Data Task Force (BDTF) (accessed here), contributes to the EMA and HMA’s “EU Network Strategy” to 2025 and shows Read More

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