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EU and U.S. Finalize Data Privacy Framework: Here’s How to Get Certified

On July 10, 2023, the European Commission (EC) adopted an adequacy decision in relation to the EU-U.S. Data Privacy Framework (DPF). This paves the way for organizations to certify to the DPF, reducing friction for transfers...more

European Commission Proposes New Rules for Cross Border GDPR Enforcement

On July 4, 2023, the European Commission (EC) published its proposal for a regulation laying down additional procedural rules for the enforcement of the EU General Data Protection Regulation (GDPR) (proposal). The proposal...more

President Biden Signs Executive Order to Implement the New EU-U.S. Data Privacy Framework

On October 7, 2022, President Biden signed an Executive Order (Order) on Enhancing Safeguards for United States Signals Intelligence Activities. This marks the latest step towards the new EU-U.S. Data Privacy Framework...more

EU Reaches Political Agreement on Additional New Rules for Digital Platforms in the Digital Services Act

The EU is close to finalizing the adoption of the Digital Services Act (DSA), which will impose new obligations on digital platforms regarding content moderation, due diligence for illegal content, and advertising...more

EDPB Publishes Draft Recommendations on Supplementary Measures for Data Transfers

On November 11, 2020, the European Data Protection Board (EDPB), comprised of the European data protection regulators (DPAs), issued two long-awaited sets of recommendations. These recommendations are critical for any...more

And Then There Were None: Or How Schrems 2.0 May Invalidate the Standard Contractual Clauses and the Privacy Shield

On July 9, 2019, the European Court of Justice (ECJ)—the highest court of the European Union—will hear oral arguments in the Schrems 2.0 case relating to the validity of two key data transfer mechanisms: the Standard...more

The Impact of Brexit on Data Protection Law and Your Business

The UK's pending exit from the European Union on March 29, 2019, will have far-reaching effects on many business activities, including the processing of personal data. While the ultimate legal implications are subject to...more

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

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...more

European Court of Justice to Rule on Validity of Standard Contractual Clauses

On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large...more

New EU e-Privacy Regulation: European Parliament Committee Publishes Draft Report

The EU Parliament Committee in charge of reviewing the EU Commission's Proposal for an e-Privacy Regulation (Proposal) released a Draft Report proposing amendments this week....more

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

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...more

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

EU Cyber Security and Incident Notification Rules Enacted

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...more

Uncertainty Increases Around EU-U.S. Data Flows

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...more

New EU Data Protection Regulation Is Now Enacted

On April 14, 2016, the European Parliament formally adopted the General Data Protection Regulation (GDPR). With this vote, the new EU data protection legal framework will become legally effective in two years and 20 days from...more

Article 29 Working Party Calls for Improvements to the EU-U.S. Privacy Shield

On April 13, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued its opinion on the new EU-U.S. Privacy Shield.1 The WP29 acknowledged that progress has been made with...more

EU Data Protection Authorities Issue Statement Following Agreement on EU-U.S. Privacy Shield

On February 3, 2016, the body of European data protection regulators—called the "Article 29 Working Party" (WP29)—issued a statement following the announcement of a political agreement regarding a new transatlantic data...more

EU and U.S. Reach a Political Agreement on Transatlantic Data Transfer Deal

On February 2, 2016, the European Commission (EU Commission) announced that a political agreement on a new legal framework for data transfers has been reached between the European Union (EU) and the U.S.1 Today's agreement...more

Political Agreement Reached for New EU Data Protection Regulation—Official Adoption Around the Corner

On December 15, 2015, the European Parliament and the Council of the European Union (Council) reached a political agreement on the future EU data protection legal framework. This is a significant step towards adoption of the...more

EU Data Protection Authorities Issue Statement Following Schrems Decision

On October 16, 2015, the body of European data protection regulators (Article 29 Working Party or WP29) issued a statement on the implementation of the judgement of the Court of Justice of the European Union (CJEU) in...more

EU's Highest Court Declares Safe Harbor Invalid

Today, the Court of Justice of the European Union (CJEU), the EU's highest court, issued a groundbreaking decision that invalidates the EU-U.S. Safe Harbor program. Given the widespread reliance on the Safe Harbor framework...more

Advocate General Advises EU's Highest Court to Deem Safe Harbor Invalid and to Allow EU Data Protection Authorities to Suspend...

Today, the Advocate General of the Court of Justice of the European Union (CJEU, the EU's highest court) issued a far-reaching opinion1 that has significant implications for the EU-U.S. Safe Harbor program and data transfers...more

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection...more

EU Reaches Milestone Towards the Adoption of Revised Data Protection Framework

On June 15, 2015, the Ministers of Justice of all 28 European Union member states, sitting as the Council of the EU (Council), reached a crucial agreement for the future EU data protection legal framework. Much work still...more

French Data Protection Authority Unveils Its Inspection Program for 2015

On May 25, 2015, the French data protection authority (CNIL) published its annual inspection program for 2015, unveiling its objectives and priorities for the year. This alert highlights the main priorities of the CNIL for...more

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