Ever since the White House issued its Executive Order to pave a path for the new EU-U.S. Data Privacy Framework, stakeholders have provided both praise and criticism about whether the Executive Order sufficiently addresses...more
The Executive Order hopes to address what had been shortcomings in the previous Safe Harbor and Privacy Shield programs that were struck down by EU courts in 2015 and 2020 respectively. On October 7, 2022, President...more
While the announcement is short on details, once in place, U.S.-based. entities will be able to use the new agreement to comply with the GDPR’s cross-border data transfer requirements. On March 25, the U.S. and E.U....more
More, possibly similar decisions are expected in the coming months, throwing cross-Atlantic data transfers and trade into doubt as diplomats seek a Privacy Shield replacement. In late December, the Austrian Data...more
Organizations are closely tracking which of their vendors previously relied on Privacy Shield. Separately, they are preparing Transfer Impact Assessments (“TIAs”) to evaluate and address risks associated with personal data...more
1. Schrems II requires parties relying on the SCCs to implement additional measures ensuring that transferred personal data is adequately protected. The Schrems II decision did not affirmatively invalidate the SCCs, but...more
News sources reported this month that the Irish data protection authority (DPA) had sent Facebook a preliminary order that would prohibit the transfer of information about European Union (EU) residents to US Facebook users....more
On Friday September 4, 2020, the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area, announced that it had formed two new...more
The Belgian Data Protection Authority (DPA) has published brief guidance concerning the European Court of Justice (ECJ) judgement on the European Commission’s adequacy decision provided by the EU-US data Privacy Shield...more
Barely one month after the Court of Justice of the European Union (CJEU) issued its Schrems II decision striking down the EU-U.S. Privacy Shield Framework (Privacy Shield), Austrian privacy activist Max Schrems has filed 101...more
In the wake of Schrems II, the July 16, 2020, decision from the European Court of Justice that invalidated the EU-U.S. Privacy Shield as a legal means of data transfer between the European Union and the United States,...more
The world just received the newest pronouncement from the EU Court of Justice, in a decision known as Schrems II, and the legal opinion extends the data war declared on the United States in the first Schrems decision....more
The table below sets out the guidance provided by data protection authorities (DPA) in response to the European Court of Justice’s landmark judgment in Case C-311/18 Data Protection Commissioner v. Facebook Ireland and...more
Last Friday, the European Data Protection Board (EDPB) released Frequently Asked Questions about the European Court of Justice's Schrems II case. ...more
•The Bailiwick of Guernsey’s Office of Data Protection Authority has stated its position on #SchremsII: You must invest resources into ensuring appropriate safeguards are in place. •Identify if you have been relying on the...more
The decision of the Court of Justice of the European Union (CJEU), in Schrems II, invalidating the EU-U.S. Privacy Shield has engendered significant uncertainty regarding data transfers from the EU to the United States. In...more
On July 16, 2020, Europe’s Court of Justice issued a much-anticipated judgment on the validity of Decision 2016/1250 on the adequacy of the EU-US Data Protection Shield (the “US/EU Privacy Shield”) and Decision 2010/87 on...more
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
On July 16, 2020, the Court of Justice of the European Union delivered its decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems, which invalidated EU Commission Decision 2016/1250 (the...more
In a highly anticipated Schrems II decision, the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield, the legal framework allowing transatlantic exchanges of personal data for commercial purposes...more
The Court of Justice of the European Union (CJEU) issued a long awaited opinion yesterday (July 16, 2020) in Data Protection Commissioner v. Schrems1 finding the EU-U.S. Privacy Shield inadequate for lawfully transferring the...more
We previously posted on yesterday’s Schrems II decision issued by the Court of Justice of the European Union. Today (Jun 17, 2020), the Berlin data protection authority (Berlin DPA) went even further than the CJEU opinion,...more
The Court of Justice of the EU has declared that the European Commission's adequacy decision in respect of the EU-U.S. Privacy Shield is invalid. The Court's ruling effectively removes a key mechanism that had been widely...more
The European Court of Justice (CJEU) published its highly anticipated judgement in the case of Data Protection Commissioner Ireland v Facebook Ireland Limited, Maximillian Schrems, colloquially known as “Schrems 2.0”. There...more
In a landmark opinion issued on July 16, 2020, the European Court of Justice overturned the EU-U.S. Privacy Shield, less than four years after the European Commission decision that the privacy principles of the EU-U.S....more