European Data Protection Board

On 11 November 2020, the European Data Protection Board (“EDPB”) issued two draft recommendations relating to the rules on how organizations may lawfully transfer personal data from the EU to countries outside the EU (“third countries”).  These draft recommendations, which are non-final and open for public consultation until 30 November 2020, follow the EU Court of Justice (“CJEU”) decision in Case C-311/18 (“Schrems II”).  (For a more in-depth summary of the CJEU decision, please see our blog post here and our audiocast here. The EDPB also published on 24 July 2020 FAQs on the Schrems II decision here).

The two recommendations adopted by the EDPB are:

Continue Reading EDPB adopts recommendations on international data transfers following Schrems II decision

On 9 April 2019, the European Data Protection Board (“EDPB”) adopted new guidelines “on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects.”

In general, the GDPR requires that processing of personal data be justified under a legal basis in Article 6 GDPR.  One such legal basis is Article 6(1)(b), which covers data processing that is “necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.”  The new EDPB guidelines consider the meaning of this basis, and in particular whether it can be used as the basis for data processing by online services for purposes such as service improvement, fraud prevention, targeted advertising, and service personalization.
Continue Reading EDPB Begins Consultation on New Guidelines on Use of the “Performance of a Contract” GDPR Legal Basis by Online Services