In a decision handed down on December 1, 2021, the Brussels Market Court (Court of Appeal) had an opportunity to consider the GDPR right of access. The Belgian Ministry of Finance appealed the Belgian Supervisory Authority’s recent decision requiring the Ministry to grant a complainant access to her financial file and make corrections to the
SENATE JUDICIARY COMMITTEE VOTING ON ANTITRUST LEGISLATION
The U.S. Senate Judiciary Committee announced this week its plan to vote on the American Innovation and Choice Online Act (S. 2292), antitrust legislation that would impose obligations on certain online platforms regarding the treatment of their own goods and services relative to competing services on their platform. This will be the third antitrust bill
French National Assembly’s Committee Approves Bill on Internet Parental Control
On 12 January 2022, the French National Assembly’s Committee on Cultural Affairs and Education (the “Committee”) unanimously approved a draft bill seeking to “encourage the use of parental controls on certain equipment and services sold in France and allowing access to the Internet” (the “Bill”).
In 2021, the French Supervisory Authority (“CNIL”)
Austrian Supervisory Authority Finds that Website Deploying Google Analytics Carried out Unlawful Transfers to the US
On December 22, 2021, the Austrian Supervisory Authority (“Authority”) found that an Austrian website that implemented the (free version of) Google analytics violated the GDPR’s rules on international data transfers (see here).
The Authority decided that the Standard Contractual Clauses, combined with the Austrian website operator’s supplementary measures to transfer personal data to Google
European Data Protection Supervisor Reprimands European Parliament for Illegal Transfers post-Schrems II CJEU ruling
On January 5, 2022, the European Data Protection Supervisor (“EDPS”) issued a reprimand to the European Parliament for its offering of a website to its staff and members to schedule Covid-19 tests which violated the transparency and transfer provisions of Regulation (EU) 2018/1725 (“Regulation”). In addition, the EDPS ordered the European Parliament to bring the
Senate Rules Reform: No Middle Ground Between Modest Changes and Majority Rules
Senate Majority Leader Chuck Schumer (D-NY) is trying to modify the Senate’s Rules so that voting rights legislation can pass with just support from 50 Democratic Senators. It is clear that all of the Senate’s 50 Republicans take issue with the need for any Rules reform at all. And though formal changes to the Senate’s
Will Biden deliver on his commitment to Africa in 2022?
When he was running to win the White House, President Joe Biden’s campaign committed to implement a “bold strategy” toward Africa, and one that would be based on a “mutually respectful engagement” and a reinvigorated diplomacy, if elected. Indeed, the campaign was the first-ever to outline how it would promote the interests of the African
The Commission has revised its communication on the Criteria for the analysis of the compatibility with the internal market of State aid to promote the execution of important projects of common European interest (“IPCEI”)
On 25 November 2021, the Commission adopted its revised Communication on the Criteria for the analysis of the compatibility with the internal market of State aid to promote the execution of important projects of common European interest (“IPCEI”). This is particularly relevant for companies who have breakthrough innovative projects and need to seek public support
Environmental Enforcement in 2022: Renewed Focus on Criminal Conduct, Compliance
Last year, Covington predicted an increased focus on environmental enforcement under the Biden Administration. Recent statements by key environmental leadership have confirmed this, further sharpened Administration priorities, and track renewed focus by DOJ more broadly on combating corporate malfeasance. In the coming year, regulated entities should prepare for increased criminal enforcement, including consideration of conduct within their supply chains. They should also expect increased scrutiny of their environmental compliance programs, including the potential for corporate monitorship if DOJ deems a company’s compliance program to be inadequate.
The Commission has revised its communication on the Criteria for the analysis of the compatibility with the internal market of State aid to promote the execution of important projects of common European interest (“IPCEI”)
On 25 November 2021, the Commission adopted its revised Communication on the Criteria for the analysis of the compatibility with the internal market of State aid to promote the execution of important projects of common European interest (“IPCEI”). This is particularly relevant for companies who have breakthrough innovative projects and need to seek public support for their projects. For example, under the current Communication, the Commission approved public support to two major research and innovation projects of European interest along the battery value chain for electric vehicles (“summer” and “autumn” projects) and a project in microelectronics. Various other projects are being assessed, for instance on Next Generation Cloud Infrastructure and Services and on green hydrogen.
The revised communication sets out the criteria following which the Commission will approve IPCEI with the State aid rules as of 1 January 2022.