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Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

EU Commission’s First Annual Review Confirms Adequacy of the EU-U.S. Privacy Shield

On October 18, 2017, the European Commission published its report and supporting documents regarding its first annual review of the EU-U.S. Privacy Shield (Privacy Shield), which sets forth procedures and safeguards for...more

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

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...more

EC To U.S.: The (Privacy Shield) Kids Are Alright.

by McCarter & English, LLP on

The Privacy Shield agreement struck between the European Commission (“EC”) and the U.S. Department of Commerce (“Commerce”) gave the EC a right of annual review to determine if all aspects of the Privacy Shield are being...more

Foreign No More: Transferring Data on Demand U.S. Companies and GDPR Data Portability

Much has been written about the consternation and concern of businesses around the world regarding the European Union’s General Data Protection Regulation (GDPR), which takes effect on May 25, 2018. The GDPR applies to...more

GDPR Countdown: Latham’s National Implementation Tracker

by Latham & Watkins LLP on

The EU General Data Protection Regulation (GDPR) will come into force in May 2018, changing how businesses and the public sector manage customer information. With seven months before the deadline, governments, supervisory...more

Key Regulatory Topics: Weekly Update - 6 October 2017 – 12 October 2017

by Allen & Overy LLP on

BREXIT - Uncorrected evidence relating to Brexit from House of Lords Select Committee on European Union - On 12 October, the HoL Select Committee on the EU published an uncorrected transcript of oral evidence taken from...more

Irish Court Casts Serious Doubt on EU Model Clauses

by McDermott Will & Emery on

The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court opinion stating that there are “well founded grounds” to find the Model Clauses...more

Validity of personal data export mechanism thrown into question

by Dechert LLP on

The Irish High Court recently asked the Court of Justice of the European Union (CJEU) to rule on the validity of “standard contractual clauses” as a basis for transferring personal data out of the European Economic Area...more

What American Companies Need to Know about the EU’s New General Data Protection Regulation (GDPR)

by Fisher Phillips on

The General Data Protection Regulation (GDPR) is a new data privacy and security law in Europe that will go into force on May 25, 2018. Every organization that does business with EU customers, regardless of the home base of...more

Schrems Strikes Again? The Future of EU Standard Contractual Clauses

by Latham & Watkins LLP on

On October 3, 2017, the Irish High Court announced that it will make a reference to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the validity of the Standard Contractual Clauses, which allow...more

An Irish Court Clouds the Future of EU Data Transfers: The Luck of the Model Clauses May Be Done

There was a new and potentially significant development this week in the Irish courts that could mark the start of a fundamental change in the field of privacy law and the transfer of personal data from the European Union to...more

New Ibero-American Standards to Provide Consistency in the Protection of Personal Data

by Jones Day on

In Short - The Situation: On June 20, 2017, the Ibero-American Network for Data Protection approved the Standards for Data Protection for the Ibero-American States....more

The Morning Risk Report: Data-Transfer Case Creates New Uncertainty

Tim Toohey was quoted in a October 5, 2017, Wall Street Journal article written by Ben DiPietro discussing the decision by Ireland's High Court to refer a data-transfer case involving Safe Harbor and Privacy Shield to the...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

EU Updates on Schrems II and the Privacy Shield

The current challenge to Facebook’s privacy practices in Ireland (“Schrems II”) may be coming to a head. You will recall that in Schrems I, the challenge to Facebook’s privacy practices led to a decision issued by the...more

FTC Wields Shield Against False Participation Claims

In the agency’s first cases enforcing the European Union-United States Privacy Shield framework, the Federal Trade Commission (FTC) settled with three companies that falsely claimed they were certified to participate in the...more

Schrems II Judgment Rendered

A 152 page judgment was rendered on October 3, 2017 by the Irish High Court in Schrems II: DPC v Facebook Final. Nor surprisingly, the court decided to refer the case to the Court of Justice of the European Union to make...more

ICO Offers Guidance for Contracts under the GDPR

by Morgan Lewis on

Earlier this month, the United Kingdom’s Information Commissioner’s Office (ICO) released an initial draft guide of contracting requirements and liabilities for data controllers and data processors doing business together...more

Long arm of the law – impact of the GDPR on Middle East organisations

by Dentons on

On 25 May 2018, the General Data Protection Regulation (GDPR) is due to come into effect across European Union (EU) member states. The intent of the GDPR is to replace the current European data protection framework as set...more

GDPR: Good Defense = Prepared + Responsive!

by Taylor English Duma LLP on

If you have any business dealings outside the U.S., you may have heard about shifting data privacy laws in the European Union. The General Data Protection Regulation (GDPR), the new EU-wide privacy rule, comes into effect in...more

Data Processor GDPR Checklist

A major change with the GDPR is that data processors now have direct legal obligations under EU privacy law. This is a significant shift from the current EU Directive which only directly obligates the data controllers....more

GDPR Update Data breaches and notifications (Dutch)

by Dentons on

Under the GDPR, data security plays a prominent role and the GDPR imposes strict obligations on data controllers and data processors regarding security. While the Dutch Data Protection Act (DDPA) already includes a data...more

GDPR Update: Data Breaches and Notifications

by Dentons on

Under the GDPR, data security plays a prominent role and the GDPR imposes strict obligations on data controllers and data processors regarding security. While the Dutch Data Protection Act (DDPA) already includes a data...more

Equifax Breach Affects 143M: If GDPR Were in Effect, What Would Be the Impact?

by Foley & Lardner LLP on

The security breach announced by Equifax Inc. on September 7, 2017, grabbed headlines around the world as Equifax revealed that personal data of roughly 143 million consumers in the United States and certain UK and Canadian...more

Federal Trade Commission Reaffirms Commitment to Enforce EU-US Privacy Shield

by Dechert LLP on

The U.S. Federal Trade Commission (FTC) recently settled enforcement actions against three companies accused of misleading consumers about their participation in the European Union-United States Privacy Shield framework,...more

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