European Data Protection Board

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In the last month, both the European Data Protection Board (“EDPB”) and the Court of Justice of the European Union (“CJEU”) provided their interpretation of key data protection concepts that are crucial for ensuring compliance with Regulation (EU) 2016/679 (“GDPR”).

In Opinion 22/2024, the EDPB provided guidance to data controllers on how to effectively oversee the activities of their (sub-)processors in a GDPR-compliant manner. The opinion was requested by the Danish data protection authority and likely related to the enforcement actions against Danish hospitals which allegedly failed to oversee processors (see our blog – https://www.biosliceblog.com/2024/02/proposed-fine-against-danish-hospital-for-failure-to-supervise-data-processors/).

In early October, the CJEU provided an answer to a key question raised by the courts in the Netherlands – can the legitimate interests legal basis be used for processing of personal data for commercial purposes (e.g., sharing with third parties for advertising and promotion) (Case C‑621/22).Continue Reading Notable developments in the interpretation of key GDPR concepts – why should Life Sciences companies care?

On 7 July 2021, the European Data Protection Board (EDPB) adopted the final version of its guidelines 07/2021 on the concepts of controller and processor in the General Data Protection Regulation (GDPR) (Guidelines), following a period of public consultation regarding the first draft of the Guidelines (about which we reported in an earlier blogpost). As discussed below, the final Guidelines have considerable significance for the life sciences sector.

Another key GDPR development that is directly relevant for the life sciences sector and international transfers of personal health data (e.g., conduct of cross-border clinical trials) is the adoption of the new version of the standard contractual clauses (New SCCs) published by the European Commission (EC) on 4 June 2021. The second part of this blogpost outlines some key takeaways of the New SCCs. (We provide a more detailed analysis of the design, scope and main content of the New SCCs in our related advisory.)Continue Reading Recent GDPR developments relevant for the life sciences sector

On 7 September 2020, the European Data Protection Board (EDPB) initiated a public consultation on draft Guidelines 07/2020 on the concepts of controller and processor in the GDPR. Any interested party could provide comments by 19 October 2020 using the dedicated form.

The draft Guidelines contain elements that are of interest for companies active in the life science sector as they may have an impact on comapnies’ day-to-day research and commercial activities in the EU and their compliance with Regulation (EU) 2016/679 (GDPR).
Continue Reading Draft EU guidelines on the concepts of controller and processor—key elements for life sciences companies