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The PDPL has broad extraterritorial scope and substantial penalties for non-compliance, with full enforcement expected to start in September.

By Brian A. Meenagh and Lucy Tucker

The Personal Data Protection Law (PDPL) is the first comprehensive data protection law in Saudi Arabia. The Saudi Data and Artificial Intelligence Authority (SDAIA) is expected to start full enforcement of the PDPL from 14 September 2024, after the current compliance transition period ends. SDAIA emphasised that it expects entities to take measures to achieve compliance with the PDPL by the September deadline.  

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Companies subject to India’s new data protection law should assess practical implications.

By Gail Crawford, Fiona Maclean, Danielle van der Merwe, Kate Burrell, Bianca H. Lee, Alex Park, Irina Vasile, and Amy Smyth

The Indian parliament enacted India’s first comprehensive data protection law on 11 August 2023, namely the Digital Personal Data Protection Act 2023 (the DPDPA). The DPDPA will replace India’s existing patchwork of data protection rules[i] and is expected to trigger significant changes in how companies subject to Indian data protection laws process personal data. However, the law is not yet operational; no effective date has been established and there is no official timeline for the overall implementation. Stakeholders expect the law to come into force in a phased manner in the next six to 12 months, after:

  1. an independent agency responsible for enforcing the DPDPA — the Data Protection Board of India (the Data Protection Board) — is established; and
  2. the Indian government has framed the subordinate rules (which are expected to provide interpretative guidance on procedural steps and enforcement methodology).

The DPDPA is “umbrella” legislation, as it sets out only a high-level framework for India’s new data protection regime, with supplementary rules expected in due course. Though the new law is not yet operational, companies subject to the new law are advised to begin assessing potential practical implications at an early stage.

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The final Implementing Regulations are generally business-friendly and bring the law closer to the EU GDPR.

By Brian A. Meenagh and Lucy Tucker

The Saudi Data & AI Authority (SDAIA) recently issued the final Implementing and Transfer Regulations for the upcoming Personal Data Protection Law (PDPL), the first comprehensive data protection law in Saudi Arabia. This follows the publication of consultation drafts of the Implementing and Transfer Regulations in April 2023 (the Consultation Draft). The PDPL was issued under Royal…

The updated reform legislation provides welcome guidance and clarifications on aspects such as legitimate interests and accountability, without substantially shifting the approach proposed under the existing reform bill.

By Gail E. Crawford, Fiona M. Maclean, Timothy Neo, Irina Vasile, and Amy Smyth

On 8 March 2023, the UK government introduced the second draft of its UK data protection reform legislation, the Data Protection and Digital Information (No.2) Bill (the No. 2 Bill). The No. 2 Bill supersedes the original Data Protection and Digital Information Bill (the Original Bill), which the government first introduced last summer, following the consultation “Data: a new direction” (the Consultation). (For more information on the Consultation, see this Latham blog post; for more details on the proposed changes in the first version of the Bill, see this Latham overview and deep dive.)

The No. 2 Bill details how the government proposes to reform the current UK data protection regime, which consists primarily of the UK Data Protection Act 2018 (DPA 2018), the UK General Data Protection Regulation (UK GDPR), and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR).

UK government sets out ambitious proposal for reforming the UK data protection landscape.

By Gail E. Crawford, Ian Felstead, Fiona M. Maclean, Irina Vasile, Timothy Neo, and Amy Smyth

On 17 June 2022, the Department for Culture, Media and Sport (DCMS) published its response to its consultation “Data: a new direction” (the Consultation), setting out the government’s plans to reform the UK data protection regime.

These reforms are part of the UK’s National Data Strategy, which seeks to shift focus from prescriptive requirements to a risk-based approach, thereby making data protection less burdensome for businesses and enabling them to protect personal data in a proportionate and appropriate way. The DCMS has indicated, in comments at a recent conference, that the intention and direction of travel is to build on, improve, and clarify the approach that the UK will take with the UK GDPR in a way that benefits businesses whilst maintaining the same level of data protection for individuals.

This blog post scrutinises some of the Consultation’s key takeaways. For a full list of proposals that are being taken forward pursuant to the Consultation, see this response Annex.

The Advocate General argues that organisations should provide individuals with information on the specific recipients of their personal data.

By Tim Wybitul, James Lloyd, Isabelle Brams, Irina Vasile, and Amy Smyth

Advocate General Giovanni Pitruzzella (AG) of the Court of Justice of the European Union (CJEU) recently delivered an opinion (the Opinion) regarding the interpretation of an individual’s right of access to their data under Article 15 GDPR (often known as a data subject access request, or DSAR/SAR). Specifically, the Opinion addresses an individual’s right to access information about “the recipients or categories of recipient to whom the personal data have been or will be disclosed […]”, pursuant to Article 15(1)(c) GDPR. The AG delivered the Opinion in the context of Case C-154/21 (the Case), which is currently pending before the CJEU.

The CJEU’s decision is likely to have significant implications for ongoing and future proceedings for damages claims under Art. 82 GDPR.

By Tim Wybitul, Christoph Baus, Stefan Patzer, and Isabelle Brams

On April 15, 2021, the Austrian Supreme Court (OGH) referred key questions regarding non-material damages for data protection infringements under Art. 82 GDPR to the European Court of Justice (CJEU) for a preliminary ruling under Art. 267 TFEU. So far, a number of claims for non-material damages based on violations of the GDPR have been dismissed by the courts in Austria and Germany because the plaintiffs did not allege or prove any noticeable immaterial impairment. The OGH makes reference to a decision of the German Federal Constitutional Court (BVerfG) dated January 14, 2021 in which the court overturned a decision by the Goslar Local Court (AG). The BVerfG ruled that the AG would have had submit significant questions about damages to the CJEU before making a decision in the final instance. Whilst the OGH disagreed with the finding of the BVerfG, it considered it helpful to refer question to the CJEU in order to ensure a harmonized application of the law within the EU.

The decision means the CJEU will need to clarify the framework for GDPR damages claims.

By Tim Wybitul, Dr. Christoph Baus, and Dr. Isabelle Brams

The German Federal Constitutional Court has ruled that the Court of Justice of the European Union (CJEU) needs to clarify if the General Data Protection Regulation (GDPR) provides for a materiality threshold for GDPR damage claims. The decision overturns a judgment of the Goslar Local Court of 27 September 2019 regarding the unlawful sending of an advertising email.

Latham lawyers explain who the DIFC’s new law applies to and how it maps against the GDPR.

By Brian A. Meenagh, Fiona M. Maclean, Alexander Hendry, and Avinash Balendran

The Dubai International Financial Centre (DIFC) recently issued a new data protection law and regulations: the Data Protection Law DIFC Law No. 5 of 2020 and the Data Protection Regulations (together, the DIFC DP Legislation).  The new law, which became effective on 1 July 2020, sets a significant benchmark for data privacy in the Middle East and aligns the DIFC’s data protection framework with international data protection regulations, including the EU’s General Data Protection Regulation (GDPR).

Court’s decision struck down blanket prohibition on so-called “cookie walls” that prevent users from accessing a website or an application.

By Myria Saarinen and Charlotte Guérin

France’s Highest Administrative Court (the Conseil d’Etat) issued a decision on 19 June 2020 upholding most of the guidance on cookies and other tracking devices that the French Data Protection Authority (the CNIL) had published on 4 July 2019 (the Guidance). However, the Conseil d’Etat struck down the provision of the Guidance imposing a blanket prohibition on so-called “cookie walls” that prevent users who do not consent to the use of cookies from accessing a website or an application. On the same day, the CNIL published a communication acknowledging the decision and announcing that it would adjust its Guidance and future recommendation to strictly comply with the Conseil d’Etat’s decision.