News & Analysis as of

European Union Court of Justice of the European Union (CJEU) US-EU Safe Harbor Framework

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Barnea Jaffa Lande & Co.

New EU-US Data Privacy Framework (DPF)

The European Commission published a very significant adequacy decision last week, which is expected to facilitate transfers of personal information from Europe to the United States. The decision came as part of the...more

Orrick, Herrington & Sutcliffe LLP

The United States and European Commission Announce a New Trans-Atlantic Data Privacy Framework

The United States ("U.S.") and the European Commission ("EU Commission") recently announced an “agreement in principle” to develop a new Trans-Atlantic Data Privacy Framework (“Framework”). The Framework is intended to...more

ArentFox Schiff

Schrems II and the Possibility of a Privacy Shield Successor: Will History Repeat Itself?

ArentFox Schiff on

Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final -...more

Foley Hoag LLP - Security, Privacy and the...

Privacy Shield: We've Lost the EU but We've Still Got Switzerland!

In the wake of the Schrems II decision invalidating the the EU-US Privacy Shield, the US Department of Commerce has decided it should make lemonade out of the Schrems lemons. The Department recently issued a set of FAQs,...more

Foley & Lardner LLP

EDPB Issues FAQ After Schrems II, EU Regulators Provide Conflicting Interpretations and Guidance

Foley & Lardner LLP on

Still grappling with the aftershocks of the Schrems II decision from the CJEU on July 16 (we previously discussed the Schrems II decision here), the European Data Protection Board (“EDPB”) has issued a Frequently Asked...more

Sheppard Mullin Richter & Hampton LLP

Schrems II Fallout Continued: Can Companies Rely on Consent?

The EDPB has provided input about consent in its recent FAQs responding to the Schrems II invalidation of Privacy Shield. As we wrote about previously in this series, Schrems II impacted how companies transfer data from the...more

McDermott Will & Emery

Special Report - Schrems II: What Does the CJEU’s Decision Mean for Transfers from the EEA to the US?

McDermott Will & Emery on

In our Schrems II Practical Guidance special reports, members of McDermott’s internationally recognized Global Privacy & Cybersecurity group have outlined practical guidance and next steps to ensure your business is prepared...more

Epstein Becker & Green

ECJ Invalidated the EU-US Privacy Shield Framework

Epstein Becker & Green on

On July 7, the Court of Justice of the European Union (ECJ) invalidated the EU-US Privacy Shield framework in its ruling in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Case C-311/18). More than...more

Jackson Lewis P.C.

Transferring Employee Data After EU-U.S. Privacy Shield Invalidated

Jackson Lewis P.C. on

Businesses are now prohibited from transferring employee personal data from the European Economic Area (EEA) to the U.S. under the EU-U.S. Privacy Shield program. The Court of Justice of the European Union (CJEU) declared the...more

Dechert LLP

Schrems II: SCCs Valid (in Principle), Privacy Shield Struck Down – Time for Action

Dechert LLP on

Key Takeaways - The EU-U.S. Privacy Shield does not ensure an adequate level of protection of personal data and is therefore not a lawful basis for data transfers to the U.S....more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: The End of the Privacy Shield

The Court of Justice of the European Union (CJEU) sent shockwaves through the privacy community last week. As Jonathan Armstrong of Cordery explains in this podcast, it put an effective end to the Privacy Shield because of...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver...

There is a lot currently happening in the European Union. From the latest European Court opinions with respect to merger clearance, dominance violations, data protection and state aid to Brexit, we’re checking in with our...more

Jackson Lewis P.C.

EU-U.S. Privacy Shield Program For Transfer Of Personal Data To U.S. Found Invalid

Jackson Lewis P.C. on

The EU-U.S. Privacy Shield program is invalid, the Court of Justice of the European Union (CJEU) declared on July 16, 2020, in the matter of Data Protection Commissioner v. Facebook Ireland and Schrems (C-311/18) (Schrems...more

Fisher Phillips

Time To Reassess International Data Transfers After Court Declares EU-U.S. Privacy Shield Invalid: A 4-Step Action Plan

Fisher Phillips on

The Court of Justice of the European Union just ruled that an important data protection scheme established between the European Union and the United States is invalid, calling into question many aspects of important data...more

Perkins Coie

EU Court Strikes Down EU-US Privacy Shield

Perkins Coie on

The Court of Justice for the European Union (CJEU) on July 16, 2020, invalidated the EU-U.S. Privacy Shield as an approved mechanism for transferring personal data from the European Union to the United States. This decision...more

Verrill

EU-U.S. Privacy Shield Invalidated: Does Your Company Have a Plan B?

Verrill on

On Thursday, July 16, 2020, the Court of Justice of the European Union (“CJEU”) invalidated the EU-U.S. Privacy Shield (“Privacy Shield”) in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Case...more

Proskauer on Privacy

One Cross-Border Mechanism Invalid, Another Upheld: Thoughts after the CJEU’s Schrems II Decision

Proskauer on Privacy on

On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield, ruling, among other things, that U.S. domestic law...more

Skadden, Arps, Slate, Meagher & Flom LLP

Schrems II: EU-US Privacy Shield Struck Down, but European Commission Standard Contractual Clauses Survive

On July 16, 2020, the Court of Justice of the European Union (CJEU) struck down the EU-U.S. Privacy Shield as a valid mechanism for transferring personal data from the European Economic Area (EEA) to the United States...more

Akin Gump Strauss Hauer & Feld LLP

Major Boost for Standard Contractual Clauses Challenged by the Schrems 2.0 Case, but More Uncertainty for the Privacy Shield

We reported in July 2019 that the Court of Justice of the European Union (CJEU) heard a case brought by privacy-rights activist Max Schrems, challenging the validity of Standard Contractual Clauses (SCCs), which are widely...more

WilmerHale

The European Data Protection Board’s Second Report on the EU-U.S. Privacy Shield

WilmerHale on

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities, and the European Data Protection Supervisor, adopted its report on the second annual review of the...more

Pierce Atwood LLP

EU-U.S. Privacy Shield – Its Origins and the High Bar It Must Meet

Pierce Atwood LLP on

To predict the Privacy Shield’s future, it’s helpful to recall its origins and to understand the high bar it must meet – namely, ensuring “an adequate level of protection” under the Data Protection Directive. ...more

Dorsey & Whitney LLP

EU Court Strikes Down Security Legislation Over Privacy Concerns

Dorsey & Whitney LLP on

In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’...more

Orrick, Herrington & Sutcliffe LLP

First Privacy Shield Guidelines for Companies published by German DPA

On September 12, 2016, the Data Protection Authority of the German Federal State of North Rhine-Westphalia (“DPA NRW”) became one of the first EU data protection authorities to issue guidance on the implementation of the...more

Pillsbury Winthrop Shaw Pittman LLP

The EU’s Data Transfer “Privacy Shield”—Full Body Armor or a Candle in the Wind?

With the August 1st start of the Privacy Shield, the European Commission’s new and long-awaited transatlantic data transfer agreement with the U.S., businesses that had previously relied on the invalidated Safe Harbor scheme...more

McGuireWoods LLP

Time Will Tell: Implications of the Recently Adopted EU – U.S. Data Transfer Framework

McGuireWoods LLP on

The EU-U.S. Privacy Shield has been formally adopted by the European Commission, enabling U.S. companies who sign up to the framework to receive personal data from the EU. The new deal replaces the previous Safe Harbor...more

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