New Tools for International Data Transfers: European Commission Adopts New Standard Contractual Clauses

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The European Commission recently adopted a new set of Standard Contractual Clauses (SCCs) for organizations to use in compliance with the EU General Data Protection Regulation requirements for transfers of personal data from the European Economic Area. The previous SCCs were outdated and did not cover many common data processing scenarios. Organizations will have an 18-month transition period to adopt the new SCCs, but many parties will need this time to re-examine their dataflows and review their internal compliance procedures to meet the exacting new standards.

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TikTok Facing Billion-Pound Legal Challenge in Children’s Data Privacy Lawsuit

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TikTok is facing a potential legal claim in the U.K. brought by the former Children’s Commissioner for England, Anne Longfield, on behalf of millions of children in the U.K. and EEA who have used the social media app. Claimants in the action could be entitled to over $1 billion pounds in damages.

This action follows fines issued by the U.S. Federal Trade Commission in 2019 and the Korea Communications Commission in South Korea in 2020 for mishandling children’s data. TikTok has also previously been investigated by the U.K.’s Information Commissioner’s Office, which ordered TikTok in 2019 to delete data associated with a linked app and set up an age verification system for that function.

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Marriott Cyberattack Fine Reduced as ICO Shifts Penalty Policy

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More than two years after receiving a massive initial fine, hotel chain Marriott International, Inc. reduces a cyberattack penalty by more than 80%. A shift in the United Kingdom’s Information Commissioner’s Office (ICO) calculation policy, along with other mitigating factors, led to the significant decrease. While the ICO reinforces the importance of responsibilities of data controllers in managing sophisticated cyberattacks, this latest development marks a continued shift away from turnover-centric penalty policies.

For the full alert, visit Faegre Drinker’s website.

British Airways Faces Significantly Reduced £20M Fine for GDPR Breach

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At £20 million, the fine imposed on British Airways for its infringement of the General Data Protection Regulation is the biggest fine of its kind in the history of the U.K.’s Information Commissioner’s Office (ICO). Whilst markedly lower than the fine initially proposed, the process by which the revised figure was reached provides some interesting insights on the factors that regulators will take into account and is a clear sign that despite the current economic climate, the ICO is not afraid to enforce strict GDPR compliance.

For the full alert, visit the Faegre Drinker website.