International Data Transfers

News & Analysis as of

The Future of Tran-Atlantic Data Transfers

Ireland was recently stunned with the news that Apple owed it 13 billion euros it did not want. The underlying tax arrangement was relatively straightforward: Corporations that do businesses in different jurisdictions often...more

’Privacy Shield’ Replacing Invalidated EU-US Safe Harbor Agreement is Open for Business, but Challenges to its Validity are...

The Safe Harbor agreement between the European Union and the United States permitted American businesses to import personal data of EU citizens based on self-certification of compliance with EU data protection principles....more

[Event] Transatlantic data: What U.S. companies need to know about the GDPR and EU data privacy laws - September 29th, Chicago,...

The clock is ticking for the international business community to ensure compliance with the European General Data Protection Regulation, which was adopted this year and comes into full effect in May 2018....more

The Early Days of the EU-U.S. Privacy Shield: Should Your Organization Self-Certify?

On August 1, 2016, the U.S. Department of Commerce began accepting self-certification applications for the new EU-U.S. Privacy Shield Framework. In the month that has followed over 100 companies (including Microsoft, Oracle...more

Clock Running for EU Privacy Shield Self-certification with Grace Period

The EU/US Privacy Shield, which governs transfers of personal information from the EU to the US, is now effective and available to US companies for self-certification. Any US company that wants to self-certify its compliance...more

The Privacy Shield: September 30, 2016, Deadline for Early Self-Certification Offers Compliance Opportunity and Risk

The European Commission recently determined that the Privacy Shield Framework is adequate to legitimize data transfers under EU law, providing a replacement for the Safe Harbor program. The Privacy Shield is designed to...more

Receiving Data from Europe: The EU-US Privacy Shield

The European Union ("EU") recently announced that the new EU-US Privacy Shield Agreement ("Privacy Shield") is adequate to meet EU data privacy requirements and allow for the transfer of personal data from the EU to the US in...more

ICO Reminds Organisations of EU-U.S. Personal Data Transfer Obligations

The Interim Deputy Commissioner at the Information Commissioner’s Office (“ICO”), Steve Wood, has published a blog reminding organisations of their obligations when transferring personal data to the United States, pursuant to...more

Court Denies U.S. Government’s Warrant to Obtain Overseas Data (New York)

Microsoft Corp. v. United States (In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corp.), 2016 U.S. App. LEXIS 12926 (2d Cir. N.Y. July 14, 2016) - In this case, the appellant...more

Brexit: Through the Eyes of a US Legal Team

The headlines are nearly ubiquitous at this point: this summer, the people of the United Kingdom voted to leave the European Union. The reasons cited for leaving are varied and complicated, with many commentators still...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – August 2016

General Data Protection Regulation (GDPR) Published, Commencing Two-Year Countdown to Application. One of the most important EU legislative initiatives in recent years, and a landmark in privacy regulation worldwide, the GDPR...more

European Restrictions on Computer Profiling

On May 25, 2018, the EU General Data Protection Regulation (GDPR) will come into effect requiring companies that process personally identifiable information of EU residents to comply with a significant number of enhanced...more

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

Privacy Shield's Day After

Every generation eventually reaches a point (some might call it “early middle age”) where its formative years become the focus of widespread nostalgia. As indicated by the success of the recent Star Wars sequel and numerous...more

In Case You Missed It: Launch Links - August, 2016

Some interesting links we found across the web this week: - Department of Commerce Now Accepting Privacy Shield - Self-Certifications: A Primer for Compliance and Self-Certification We’ve mentioned many times...more

EU-US Privacy Shield Framework Formally Adopted

On July 12, 2016, the European Commission formally adopted the Privacy Shield, a new transatlantic framework for the transfer of personal data from the European Union (EU) and certain countries of the European Economic Area...more

EU-US Privacy Shield: How to Certify

Following formal approval of the EU-US Privacy Shield, US organizations will now be considering how to apply for Privacy Shield certification. On July 12, 2016, the European Commission formally approved and adopted the...more

Locke Lord Article: EU-U.S. Privacy Shield Now Available: What impact will it have on personal data transfers?

Beginning on August 1, 2016, U.S. companies have a new way to legally facilitate the transfer of personal data from the European Union to the U.S. Known as the EU-U.S. Privacy Shield, this new agreement between the EU and the...more

EU-U.S. Privacy Shield: “Open for Business”

On August 1, 2016, the Department of Commerce began accepting applications for self-certification under the new Privacy Shield requirements. Privacy Shield was approved by the European Union (EU) on July 12, 2016, and...more

Impact of the European General Data Protection Regulation (GDPR) on Adequacy and 5 Tips to Weather the Changes

Recent media coverage has brought to light the internal deliberations of the Government of Canada regarding the possible impact of the entry into force in 2018 of the GDPR on Canada’s adequacy status to receive personal data...more

This Week in Privacy Shield Developments

It’s been another exciting week of developments for U.S. companies on the EU data transfer front. From the first company to indicate that it will certify under Privacy Shield, to the first European Data Protection Authority...more

New EU Data Protection Rules Move the M&A Goalposts

After over four years of debate, the General Data Protection Regulation (GDPR) recently came into force, taking effect after a two year transition period, i.e. from 25 May 2018. The GDPR introduces a rigorous and far-reaching...more

Workplace Policy Institute Insider Report — August 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The August edition of the Insider Report compares the Democratic...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 20:...

ad hoc clauses means a set of clauses for Cross-Border Data Transfers, which require prior approval by a DPA (see Chapter 13)....more

An Overview of the New General Data Protection Regulation

The European Parliament has approved the reformed General Data Protection Regulation (the “GDPR”). Given this is a Regulation (rather than a Directive), this legislation will apply automatically in every Member State (without...more

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