NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
Cross-Border Data Transfers and the EU-US Data Privacy Tug of War
What's Next after the Schrems II Decision of ECJ
Compliance Perspectives: The End of the Privacy Shield
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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