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A Tale of Shields & Swords or Are Data Transfers between the EU and the US legal once again?

The world changed on October 6, 2015; well, at least the world of data transfer between the European Union and the U.S. On that day, the European Court of Justice issued its “Schrems” judgment (case C-362/14) declaring the...more

EU General Data Protection Regulation published - will you be ready by 5/25/2018?

Today, May 4, 2016, the General Data Protection Regulation (GDPR) was published in the Official Journal of the European Union. This means you now have until May 25, 2018 to ensure your data processing activities comply with...more

EU General Data Protection Regulation in force from 25 May 2018: the Countdown to Compliance starts now

The long-awaited General Data Protection Regulation was published in the Official Journal of the European Union on 4 May 2016. This means that the most comprehensive reform to the EU’s omnibus data protection law in 20 years...more

GDPR Published Today, Commencing Two-Year Countdown to Application

One of the most important EU legislative initiatives in recent years, and a landmark in privacy regulation worldwide, the GDPR is set to replace the Data Protection Directive (95/46/EC) of 1995. After the Council of...more

Requirements for valid consent – Why opting-in should not be optional

The Düsseldorfer Kreis, a committee made up of representatives of German data protection authorities, recently published guidance on the requirements for obtaining valid consent to the collection, processing and use of...more

How to Prepare for the General Data Protection Regulation (GDPR)

The EU General Data Protection Regulation (the “GDPR”) was adopted by the EU Parliament last April 14, 2016. The GDPR will replace the EU Data Protection Directive (95/46/EC), which was implemented more than 20 years ago....more

U.S. - India Newsletter Vol. 2016, Issue 2

Welcome to the second issue of our newsletter, which features news and articles of interest from Pepper’s U.S.-India Practice. In the first quarter of 2016, we saw a lot of activity in the international data privacy...more

Privacy Shield Rejected, GDPR Approved - What This Means to Automotive Organizations

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last month, stating that although the Privacy Shield was a “great step...more

What’s Next for the EU-U.S. Privacy Shield?

With European regulators continuing to debate the current proposal for the EU-U.S. Privacy Shield, the fate of the new trans-Atlantic data framework is becoming murkier by the day. Rapprochement may still be a possibility,...more

European Court of Justice to Rule on Legality of Online Sales Bans

An appeal court in Frankfurt has asked the European Court of Justice to clarify the application of the competition rules to online sales. The Frankfurt court made its request in the context of a dispute between a leader in...more

Your daily dose of financial news The Brief – 5.2.16

Nearly a year-and-a-half after announcing their plans to join forces, Halliburton and Baker Hughes have reportedly called off their $35 billion merger. Serious DOJ reservations about the deal and a wildly changed energy...more

"Brexit Bites": Intellectual Property

This is the fifth in our series of "Brexit Bites" which focuses on Intellectual Property. A Brexit would in all likelihood have a significant impact upon intellectual property legislation, much of which derives from...more

Setback for EU-US Privacy Shield – How to Safely Get HR Data Across the Pond

After the Court of Justice of the European Union declared the EU-U.S. Safe Harbor Framework invalid in October 2015, multinational companies with employees in the EU are facing the question how to legally transfer personal...more

Update on The Panama Papers

The International Consortium of Investigative Journalists (ICIJ) announced that on May 9, it will release selected data purported to be leaked or stolen from the internal records of the Panamanian law firm Mossack Fonseca....more

The Basics of International Privacy Law for Commercial Litigators, Part 2: Global Trends

Although the volume of data that flows between the EU and the U.S. ensures that EU privacy law occupies most of the spotlight on the world stage, other countries have their own privacy laws worth noting as...more

Update on the U.S.- EU Privacy Shield

As we previously reported, this February, United States (U.S.) and European Union (EU) negotiators announced the “U.S.-EU Privacy Shield” as a replacement to the U.S. Safe Harbor. Many U.S. companies relied on the Safe Harbor...more

"Insights Conversations: Debunking CFIUS Myths"

The Committee on Foreign Investment in the United States (CFIUS) is a critical component of cross-border deals involving U.S. targets. The head of Skadden's CFIUS practice, Ivan Schlager, and Palo Alto corporate partner Ken...more

European Commission Publishes E-commerce Geo-Blocking Inquiry Findings

The European Commission (the executive of the EU) recently published the initial findings of its e-commerce inquiry, an investigative process conducted to determine whether and to what extent competition is being restricted...more

This Week in FCPA-Episode 1 [Video]

In this initial This Week in FCPA, Episode 1, Jay Rosen and I review this week's happenings in the world of FCPA. Today we discuss the 4th anniversary of the New York Times story about Wal-Mart in Mexico, the Harder guilty...more

Significant New EU Data Protection Privacy Framework Regulation Approved

On April 14, 2016 the European Parliament approved the European Union General Data Protection Regulation (GDPR), which replaces the EU Data Protection Directive (95/46/EC), the privacy law originally established in 1995. The...more

European Parliament Adopts EU General Data Protection Regulation; 12 Steps Businesses Should Take Now

The European Parliament has voted to adopt the draft text of the General Data Protection Regulation (GDPR), which imposes enhanced requirements on organizations processing personal data in the European Union and transferring...more

Article 29 Working Party Assesses Transatlantic Privacy Shield

On April 13, the Article 29 Working Party (WP29) of the European Union released its assessment of the draft framework for transatlantic data flows: EU-US Privacy Shield, which was announced on February 2. According to the...more

The Data Protection Directive Is Dead! Long Live the General Data Protection Regulation!

After four years of protracted discussions and negotiations, the General Data Protection Regulation (the “GDPR”) gained final approval from the European Parliament 14 April. It will enter into force 20 days after publication...more

Big Data in a Best Practices Compliance Program, Part III-Visualization

Today I continue my exploration of big data in a best practices Foreign Corrupt Practices Act (FCPA) compliance program. Yesterday, I considered how you might use big data in a best practices compliance program. Today I want...more

EU-U.S. Privacy Shield Still Needs Work, Says Committee of European Privacy Regulators

On April 13, 2016, the Article 29 Working Party, comprised of European data protection regulators, issued its opinion on the European Commission’s proposed EU-U.S. Privacy Shield. The Working Party commended the European...more

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