EDPB Releases New Guidance: When Can Companies Rely on the Need to Fulfill the Terms of a Contract as a Legal Basis to Process?

On April 12, 2019, the European Data Protection Board (“EDPB”) published draft guidelines on the legal basis for processing personal data that involves providing online services to data subjects (the “Guidelines”). Specifically, they discuss when companies can rely on Article 6(1) – that processing can take place in the context of fulfilling the terms of a contract – and what conditions must be established to do so. The Guidelines make clear that this basis is narrower than it is often interpreted to be, and that companies must take care that they meet certain requirements. Background To lawfully process data, companies must establish one of six legal bases articulated in Article…

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European Data Protection Board Issues Guidance on Interplay Between GDPR and Rules Governing Data in Clinical Trials

On January 23, 2019, the European Data Protection Board (EDPB), released an opinion on the relationship between the European Clinical Trials Regulation (CTR) and the EU General Data Protection Regulation (GDPR) (the “Opinion”). The CTR, scheduled to take effect in 2020, is designed to harmonize how clinical trials are assessed and supervised across the EU. It introduces a Clinical Trials Information System and establishes rules that protect individuals and enhance transparency requirements. In its Opinion, the EDPB provides guidance on (1) the legal bases for primary uses of clinical data, i.e., processing personal data in the course of a clinical trial protocol, and (2) secondary uses of clinical trial data…

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