News & Analysis as of

Facebook EU-US Privacy Shield

Rothwell, Figg, Ernst & Manbeck, P.C.

Meta's Annual Report Says It May Have To Shut Down Facebook and Instagram in Europe Because of GDPR – A Fact, Not a Threat

In July 2020, the Schrems II decision issued and the European Commission’s adequacy decision for the EU-US Privacy Shield Framework was invalidated. Further, and broader than the invalidation of Privacy Shield adequacy...more

Vinson & Elkins LLP

The Schrems Saga Continues: EU Data Protection Authorities May Be Ready To Strike Down Yet Another EU-U.S. Data Transfer Mechanism

Vinson & Elkins LLP on

Pathways for U.S. companies to transfer personal data out of the European Union have been repeatedly blocked by EU authorities concerned by what they perceive as gaps in data protection under U.S. laws. Schrems I invalidated...more

Sunstein LLP

The EU-US Privacy Shield is Invalid: Facebook May Be Only the First Casualty

Sunstein LLP on

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

Womble Bond Dickinson

Irish Data Case Against Facebook Could Complicate All Data Transfers to the US

Womble Bond Dickinson on

Will the EU finally deny the right to transfer any personal data from its shores to the United States? Its privacy decisions have been inching closer to this determination for years, and an Irish case against Facebook may tip...more

WilmerHale

European Court of Justice Rules US Privacy Shield Invalid

WilmerHale on

On 16 July 2020, the Court of Justice of the European Union (CJEU) issued a judgment in Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (Case C-311/18, “Schrems II”) ruling that the Privacy Shield...more

Miles & Stockbridge P.C.

CJEU Schrems II Case Ruling Invalidates EU-U.S. Privacy Shield Framework; Upholds Standard Contractual Clauses Validity (With...

The Court of Justice of the European Union (CJEU), the EU's highest court, declared on July 16, 2020, that the EU-U.S. Privacy Shield framework for the transfer of personal data from the EU into the United States is invalid....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

Hogan Lovells

Schrems II: Privacy Shield invalidated and Standard Contractual Clauses under scrutiny

Hogan Lovells on

The Court of Justice of the European Union today invalidated the EU-US Privacy Shield and called into question the extent to which EU data exporters could rely on the European Commission’s Standard Contractual Clauses for...more

Polsinelli

U.S.-EU Privacy Shield Invalidated by CJEU

Polsinelli on

Yesterday, the Court of Justice of the EU (“CJEU”) issued a judgment with two important outcomes: (1) invalidation of the U.S.-EU Privacy Shield as a basis for transfers of personal data from the EU to the U.S.; and (2)...more

Seyfarth Shaw LLP

CJEU Invalidates EU-US Privacy Shield Framework

Seyfarth Shaw LLP on

Yesterday, the Court of Justice of the EU has handed down its judgment in the highly-anticipated Facebook Ireland case (aka Schrems II) and invalidated the Privacy Shield Decision. For those of you who have followed this...more

BCLP

EU-US data transfers dealt a setback – Privacy Shield struck down by EU’s highest court and SCCs subject to more scrutiny

BCLP on

The judgment by the Court of Justice of the European Union (CJEU) in the case known as “Schrems II” has far-reaching impact for businesses looking to ensure continuity of personal data flows between the EU and the US and...more

Latham & Watkins LLP

CJEU Invalidates EU-US Privacy Shield

Latham & Watkins LLP on

A ruling by the EU’s top court invalidates the key mechanism for transferring personal data from the EU to the US and imposes additional conditions for use of the standard contractual clauses. On 16 July 2020, the Court of...more

Shook, Hardy & Bacon L.L.P.

Shielded No Longer: Top EU Court Invalidates Privacy Shield Framework and Clarifies Use of Standard Contractual Clauses as Bases...

Shielded No Longer: Top EU Court Invalidates Privacy Shield Framework and Clarifies Use of Standard Contractual Clauses as Bases for EU-U.S. Data Transfers - Yesterday, the Court of Justice of the European Union (CJEU)...more

Manatt, Phelps & Phillips, LLP

Schrems II Decision: Immediate Considerations for U.S. Businesses

Key Takeaways: - EU-U.S. Privacy Shield Framework invalidated - Standard Contractual Clauses governing transfers between controllers and processors upheld, but arguably may not be valid on their face without additional...more

Womble Bond Dickinson

GDPR Update: Top EU Court Strikes Down Validity of EU-US Privacy Shield Framework; Upholds Standard Contractual Clauses

Womble Bond Dickinson on

Today, July 16, 2020, the EU’s top court, the Court of Justice of the European Union (CJEU), issued its highly anticipated decision in the Schrems II case. In doing so, CJEU has invalidated the EU-US Privacy Shield Framework...more

Arnall Golden Gregory LLP

Compliance News Flash - February 2020 #1

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Moore & Van Allen PLLC

Schrems II Opinion Casts Doubt on EU-US Data Protection Rules

Moore & Van Allen PLLC on

Facebook is at the center of the “Schrems” case, which exposed contradictions between U.S. and EU data privacy rules and toppled the U.S./EU Safe Harbor (Schrems I). In Schrems II, Austrian Max Schrems challenges the adequacy...more

Dechert LLP

Schrems v Facebook: AG says Standard Contractual Clauses are Valid

Dechert LLP on

The Advocate General (AG) says the standard contractual clauses (SCCs) are valid but, where circumstances in the destination third country mean the SCCs would be breached or impossible to abide by, there is an obligation on...more

Wilson Sonsini Goodrich & Rosati

Schrems 2.0: AG Opines That Data Transfers to U.S. Are Valid Under Standard Contractual Clauses

On December 19, 2019, in the Facebook Ireland and Schrems (Schrems 2.0) case, the Advocate General (AG) to the European Court of Justice (ECJ)—European Union's highest court—opined that the EU Standard Contractual Clauses...more

Seyfarth Shaw LLP

FTC Rules Political Ad Marketing Firm Cambridge Analytica Deceived Facebook Users

Seyfarth Shaw LLP on

Synopsis: On December 6, 2019, the Federal Trade Commission issued a unanimous ruling against political data firm Cambridge Analytica for violating Section 5 of the FTC Act by misrepresenting that it would not download...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Client Alert | January 2019

Going Deep on the California Consumer Privacy Act - The California Consumer Privacy Act (CCPA) has been called the beginning of America’s GDPR. As the most comprehensive privacy law in the United States, entities doing...more

Dechert LLP

Validity of personal data export mechanism thrown into question

Dechert LLP on

The Irish High Court recently asked the Court of Justice of the European Union (CJEU) to rule on the validity of “standard contractual clauses” as a basis for transferring personal data out of the European Economic Area...more

Mintz - Privacy & Cybersecurity Viewpoints

Will the EU box itself in? Fate of Standard Contractual Clauses (aka the Model Clauses) for personal data transfers is now in the...

Executive summary: The EU’s standard contractual clauses may be on the fast track to invalidation, putting a vast number of personal data transfers from the EEA at risk. A case brought by Maximilian Schrems (whose first...more

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

EU Updates on Schrems II and the Privacy Shield

The current challenge to Facebook’s privacy practices in Ireland (“Schrems II”) may be coming to a head. You will recall that in Schrems I, the challenge to Facebook’s privacy practices led to a decision issued by the...more

Moore & Van Allen PLLC

U.S. Government Petitions to Join Data Privacy Litigation Against Facebook in Ireland

Moore & Van Allen PLLC on

On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use...more

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