News & Analysis as of

European Court of Justice (ECJ) Schrems I & Schrems II

Dechert LLP

Bridge Over Troubled Data Flows: UK-US Data Bridge Approved

Dechert LLP on

The UK has approved the UK-U.S. Data Bridge facilitating flows of personal data to U.S. entities that have self-certified to the EU-U.S. Data Privacy Framework (‘DPF’), provided that those entities extend their DPF...more

Gardner Law

Data Privacy Framework Across the Pond

Gardner Law on

If Washington State’s My Health My Data Act (“MHMDA”) “turned the beat around” on drug and device makers, then the Schrems I and II decisions by the European Court of Justice had companies on both sides of the Atlantic...more

Guidepost Solutions LLC

New EU-U.S. Data Privacy Framework Legalizes Personal Data Transfers from the EU to US

On July 10, 2023, the European Commission announced that it had adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF). This long-awaited decision means that for the first time since the EU-U.S...more

McDermott Will & Emery

Get Ready to Update Your Binding Corporate Rules Regulators Expand Requirements

At the end of June, the European Data Protection Board (EDPB) published its Recommendations (Recs) on Binding Corporate Rules (BCRs). Among other things, the Recs require existing and in process BCRs to: - Incorporate...more

Dechert LLP

The EU – U.S. Data Privacy Framework: Hold the Champagne

Dechert LLP on

On October 7, 2022, President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (“EO”). The EO lays ground for the long-awaited successor to the EU-U.S. Privacy...more

King & Spalding

EU and U.S. Agree in Principle to New Trans-Atlantic Data Privacy Framework

King & Spalding on

On March 25, 2022, U.S. President Joe Biden and European Commission President Ursula von der Leyen announced that the U.S. and the EU have reached a political agreement in principle on a new Trans-Atlantic Data Privacy...more

Goodwin

U.S. And EU Reach Political Agreement on a New Trans-Atlantic Data Privacy Framework: The Implications for Businesses

Goodwin on

On 25 March 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the U.S. and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for...more

Spirit Legal

Data transfer to Russia and China in times of crisis

Spirit Legal on

In light of the “changed security policy situation” following Russia’s invasion of Ukraine, the Norwegian data protection regulator recently encouraged any company that exports personal data to Russia and Ukraine to review...more

Neal, Gerber & Eisenberg LLP

NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler

NGE Corporate & Securities partner John Koenigsknecht recently interviewed Data Privacy & Information Governance partner David Wheeler about the new standard contractual clauses and the complex task of assessing and...more

Pillsbury Winthrop Shaw Pittman LLP

The European Data Protection Board (EDPB) Finalises Guidance on International Transfers of Personal Data Following Europe’s Top...

The guidance outlines how organisations should approach international transfers and confirms examples of supplemental measures that can be adopted to ensure ongoing compliance and seeking to de-mystify earlier uncertainty. ...more

McDermott Will & Emery

Neue Standardvertragsklauseln der EU veröffentlicht!

Am vergangenen Freitag, den 04. April 2021, hat die EU-Kommission dem internationalen Datenverkehr ein wichtiges Update verpasst: die neuen EU-Standardvertragsklauseln (Standard Contractual Clauses; SCC) wurden...more

WilmerHale

European Commission adopts and publishes new Standard Contractual Clauses for international transfers of personal data

WilmerHale on

On June 4th, 2021, the European Commission adopted and published a new set of so-called standard contractual clauses (“SCCs”) providing a legal basis for international transfers of personal data from the EU/EEA to third...more

Foley & Lardner LLP

European Commission Approves New Standard Contractual Clauses for Transfer of European Personal Data

Foley & Lardner LLP on

Earlier today, the European Commission approved and adopted a new version of the Standard Contractual Clauses (SCCs) that revises how data may be transferred by including additional privacy and legal safeguards. The remodeled...more

A&O Shearman

Irish DPC gets go ahead in latest chapter of the saga of Max Schrems and Facebook

A&O Shearman on

On 14 May the Irish High Court handed down its judgment in the judicial review case brought by Facebook Ireland Ltd (FBI) against the Irish Data Protection Commission (DPC), finding substantially in favour of the DPC....more

Sheppard Mullin Richter & Hampton LLP

Bavarian DPA Holds SCCs Alone Not Enough for European Use of US Email Service

In a notable application of the European Court of Justice’s “Schrems II” decision, the data protection authority for the German state of Bavaria recently held that use by a German entity of US-based MailChimp (which use...more

Foley & Lardner LLP

Managing Data Privacy in the COVID-19 Environment – Navigating the Challenges of a Pandemic in 2021

Foley & Lardner LLP on

Last year, the COVID-19 pandemic brought about a global market disruption across multiple industries, and manufacturers expect the pandemic to continue to affect the automotive industry through 2021. The pandemic has not...more

Snell & Wilmer

Go With the Flow: Developments in Cross-Border Data Flows Following Schrems II and the Release of New Draft International Standard...

Snell & Wilmer on

In an increasingly datafied and globalized world, businesses have become reliant upon the seamless flow of cross-border data transfers. Transatlantic data flows play an important role in the U.S. economy. The U.S. and the...more

Lighthouse

The Impact of Schrems II & Key Considerations for Companies Using M365: The Background

Lighthouse on

In 2016, European companies doing business in the US were able to breathe a sigh of relief. The European Commission deemed the Privacy Shield to be an adequate privacy protection. For the next half a decade, this shield, as...more

White and Williams LLP

Don’t You (Forget About Me 2020): Cybersecurity Developments for 2020 in Five Musical References

White and Williams LLP on

Is it hyperbolic to say that never before have we seen a quieter, yet more anticipated and welcome end to a year than in 2020? For some, 2020 is a year the sooner forgotten, the better. In data privacy and security law, a lot...more

Fenwick & West LLP

Keep Your Personal Data Flowing – How to Navigate the Changing Tides of the New EU Guidance and UK-EU Brexit Deal

Fenwick & West LLP on

Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in Data Protection Commissioner v....more

Foley & Lardner LLP

European Data Protection Board Issues Recommendations for Exports of Personal Data From the European Economic Area

Foley & Lardner LLP on

As many organizations continue to struggle with the fallout from the July 2020 Schrems II decision from the European Court of Justice (“CJEU”), in November, the European Data Protection Board (“EDPB”) published two pieces of...more

Pillsbury Winthrop Shaw Pittman LLP

Data Transfers from Europe: New Draft SCCs Published and Regulator Guidance Issued on Schrems II Privacy Shield Decision

The EDPB has issued recommendations concerning how organisations may lawfully transfer personal data from Europe to “third countries” (e.g., the U.S. and currently the UK from 1.1.2021) in light of the recent Schrems II...more

Hogan Lovells

Belgian Data Protection Authority publishes guidance concerning Schrems II

Hogan Lovells on

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

Association of Certified E-Discovery...

[Webinar] Now What? Cross-Border and International Discovery Post-Schrems II - September 15th, 1:00 pm - 2:00 pm EDT

Cross-border and international discovery can be complicated. And the recent invalidation of the EU-U.S. Privacy Shield Program by the European Union Court of Justice in Irish Data Protection Commissioner v. Facebook Ireland...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

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