Data & It Law Week, vol. 25: risk-based approach, appropriate safeguards and eDiscovery in mergers & acquisitions

The article gives an overview of the most interesting articles in the area of data & it law.


Article 29 Working Party statements

The Article 29 Working Party had published several documents in last few days.

One of them is a Statement on the role of a risk-based approach in data protection legal frameworks. Apart of other things, the Working Party concluded that „the legitimate interest pursued by the controller or a third party is not relevant to the assessment of the risks for the data subjects. It is in applying the balancing test under the criteria for making the data processing legitimate under the Directive (Article 7 f.) or of the draft regulation (Article 6 f.) that the legitimate interest should be taken into account.


In another document, the Working Party dealt with the effect of big data on data protection. „The Working Party wants to indicate that at this stage it has no reason to believe that the EU data protection principles, as they are enshrined in Directive 95/46/EC, are fundamentally challenged by the development of big data.


EU ministers had reached a consensus about certain issues in the EU data protection regulation.

For companies working with data, it might be interesting to note that the consensus includes many options for meeting the ‘appropriate safeguards’ requirement. “These include agreeing binding corporate rules (BCRs), approved by data protection authorities that specify the nature of data transfer arrangements within “group of undertakings or group of enterprises engaged in a joint economic activity””. Apart from that, businesses transferring personal data outside of the EU can also use standard contract terms approved by the European Commission or obtain authorisation from regulators.


eDiscovery related mergers and acquisitions

in Complex Discovery, they presented an interesting overview of over 100 key and publicly announced eDiscovery related mergers & acquisitions and investments since 2001. The overview reveals a growing trend in the eDiscovery related legal transactions.


Quick links:

Internet of things and is there a need to be nervous?

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