Laura De Boel

Firm/Organization: Wilson Sonsini Goodrich & Rosati

Latest Articles

CJEU Advocate General Confirms Validity of EU Data Transfer Tools

By Laura Brodahl, Laura De Boel, Cédric Burton & Jan Dhont

February 5, 2020

On December 19, 2019, the Advocate General (AG) of the highest EU Court (the Court of Justice of the European Union (CJEU)) issued his opinion in Schrems II[1] (the opinion). Wilson Sonsini previously covered the key points of the opinion in our Alert of December 20 and now provides a more detailed analysis in this contribution. At stake in this case is the validity of two key EU data transfers mechanisms, the Standard Contractual…

The WSGR Data Advisor

Massive GDPR Fine Proposed by UK ICO Confirms Trend of Increased Focus on EU Data Breaches

By Laura De Boel

July 8, 2019

On July 8, 2019, the UK Information Commissioner’s Office (ICO) announced its intention to fine British Airways GBP 183.39 million over a data breach in which the personal data of approximately 500,000 customers was compromised.[1] If made final, the fine—equivalent to approximately U.S. $230 million—would be the biggest fine ever issued by the ICO as well as any Supervisory Authority (SA) in the European Union.…

The WSGR Data Advisor

Belgian Data Protection Authority Is Up and Running

By Laura Brodahl, Laura De Boel, Jan Dhont & Cédric Burton

April 26, 2019

On April 25, 2019, the new chairman and the four directors of the new Belgian data protection authority were sworn in before the Belgian Parliament. This marks a new era for data protection law in Belgium. Background Following the effective date of the General Data Protection Regulation (GDPR) on May 25, 2018, the Belgian Privacy Commission was restructured into a Supervisory Authority under the GDPR, thus becoming the Belgian Data Protection Authority. It was given…

The WSGR Data Advisor

Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

By Cédric Burton, Laura De Boel, Sarah Cadiot & Bastiaan Suurmond

February 1, 2018

In yet another round of Schrems versus Facebook, on January 25, 2018, the Court of Justice of the European Union (CJEU) ruled that privacy activist Max Schrems is a consumer with regard to his Facebook profile despite his advocacy activities. Schrems may therefore benefit from the EU consumer forum rule, which allows him to bring a privacy action as an individual against Facebook Ireland (Facebook) in his home country, Austria. However, the court ruled that…

The WSGR Data Advisor

EU-U.S. Privacy Shield Passes First Annual Review

By Cédric Burton, Laura De Boel, Sarah Cadiot & Bastiaan Suurmond

October 19, 2017

On October 18, 2017, the European Commission (EU Commission) published its report on the first annual review of the EU-U.S. Privacy Shield Framework (Privacy Shield). The EU Commission confirms that the Privacy Shield ensures an adequate level of protection for EU personal data that is transferred to the U.S., but calls on the U.S. government to implement a number of recommendations. Certified companies can continue to rely on the Privacy Shield to receive EU personal…

The WSGR Data Advisor

EU Commission Publishes Proposal for e-Privacy Regulation: The Top Nine Key Points You Need to Know

By Cédric Burton, Sarah Cadiot & Laura De Boel

January 11, 2017

On January 10, 2017, the European Commission published a Proposal for a Regulation that if adopted would have significant and far-reaching implications for Internet-based services and technologies. The proposal seeks to revise the current EU ePrivacy Directive. It creates strict new rules regarding confidentiality of electronic communications, including content and metadata. In addition, the proposal amends the current rules on the use of cookies and similar technologies, and direct marketing. The rules apply to…

The WSGR Data Advisor

Article 29 Working Party Issues Statement Following Adoption of EU-U.S. Privacy Shield

By Cédric Burton, Laura De Boel, Sarah Cadiot & Sára Hoffman

July 27, 2016

On July 26, 2016, the body of European Data Protection Authorities (DPAs)—the “Article 29 Working Party” (WP29)—issued a statement commending the improvements made to the EU-U.S. Privacy Shield (Privacy Shield). Although the WP29 continues to have some of the concerns raised in its April 2016 opinion, and the Privacy Shield will most likely face legal challenge, the Privacy Shield is a valid tool for companies transferring data from the EU to the U.S. Companies…

The WSGR Data Advisor

The EU-U.S. Privacy Shield Is Adopted and Available as of August 1, 2016

By Cédric Burton, Sarah Cadiot, Laura De Boel & Sára Hoffman

July 12, 2016

On July 12, 2016, the EU Commission and the U.S. Secretary of Commerce announced the adoption of the EU-U.S. Privacy Shield (Privacy Shield). This announcement follows today’s adequacy decision by the College of EU Commissioners which recognizes that the Privacy Shield provides an adequate level of protection under EU data protection law. The adequacy decision represents formal approval of the Privacy Shield as a legal basis for data transfers from the EU to the U.S.…

The WSGR Data Advisor

EU Cyber Security and Incident Notification Rules Enacted

By Cédric Burton, Sarah Cadiot, Sára Hoffman & Laura De Boel

July 6, 2016

On July 6, 2016, the European Parliament adopted the first-ever pan-European law on cyber security. The law, entitled the “Directive on the Security of Network and Information Systems” (NIS Directive), imposes security requirements and security incident notification obligations on digital service providers and operators of essential services. The NIS Directive was enacted as part of the European Commission’s broader initiative to strengthen cyber security capabilities in the EU and will take effect in August 2016…

The WSGR Data Advisor

Uncertainty Increases Around EU-U.S. Data Flows

By Cédric Burton, Sarah Cadiot, Sára Hoffman & Laura De Boel

May 26, 2016

Two recent developments have significantly increased the already uncertain legal landscape surrounding transatlantic data flows. Earlier today, the EU Parliament voted out a resolution calling on the European Commission (EU Commission) to further negotiate the terms of the EU-U.S. Privacy Shield (Privacy Shield). And yesterday, the Irish Data Protection Commissioner (DPC) announced the launch of new proceedings before the Court of Justice of the European Union (CJEU) to assess the validity of the EU Standard…

Laura De Boel

CJEU Advocate General Confirms Validity of EU Data Transfer Tools

Massive GDPR Fine Proposed by UK ICO Confirms Trend of Increased Focus on EU Data Breaches

Belgian Data Protection Authority Is Up and Running

Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

EU-U.S. Privacy Shield Passes First Annual Review

EU Commission Publishes Proposal for e-Privacy Regulation: The Top Nine Key Points You Need to Know

Article 29 Working Party Issues Statement Following Adoption of EU-U.S. Privacy Shield

The EU-U.S. Privacy Shield Is Adopted and Available as of August 1, 2016

EU Cyber Security and Incident Notification Rules Enacted

Uncertainty Increases Around EU-U.S. Data Flows

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