News & Analysis as of

National Security Schrems I & Schrems II

Dechert LLP

Ready. Set. Flow: Green Light from the Commission for EU-U.S. Data Privacy Framework

Dechert LLP on

On 10 July 2023, the European Commission announced a major development1 in EU-U.S. personal data transfer relations by adopting a long-anticipated adequacy decision2 for the EU-U.S. Data Privacy Framework (“DPF”). The...more

Orrick, Herrington & Sutcliffe LLP

FISA Section 702 Sunset and the Dawn of Privacy - Will 2023 be the year that FISA 702 reform shifts discussions around European...

Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) has been a looming presence in the European privacy landscape since Edward Snowden first leaked the PRISM files in 2013. Surveillance authorized under FISA 702...more

BCLP

Is Privacy Shield 2.0 on the Horizon?

BCLP on

On October 7, President Joe Biden signed an Executive Order (EO) on Enhancing Safeguards for United States Signals Intelligence Activities, which is intended to move forward next steps in the EU US Privacy Shield Framework...more

ArentFox Schiff

October 2022 AFS Privacy Report: California Privacy Protection Agency Releases Updated Draft Regulations Ahead of October 28-29...

ArentFox Schiff on

California Privacy Protection Agency Releases Revised Regulations - With the effective date less than three months away, and ahead of a Board Meeting on October 28 and 29, the California Privacy Protection Agency released...more

Epiq

Breaking Data Development: New Privacy Protections for US-EU Transfers Coming

Epiq on

Yet another international data transfer update recently materialized. On October 7, President Biden signed an executive order directing the steps to implement a new data privacy framework. This would apply to the flow of...more

Perkins Coie

President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy...

Perkins Coie on

President Biden issued an executive order (EO) increasing protections and safeguards for personal data subject to signals intelligence activities. It also establishes a redress mechanism for residents of qualifying states who...more

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

Biden Signs Executive Order Implementing Privacy-Shield Replacement for EU-US Data Transfers

Today, October 7, 2022, President Joe Biden signed an executive order implementing a new privacy framework for data being shared between Europe and the United States. The new framework is called the “Trans-Atlantic Data...more

Mintz - Privacy & Cybersecurity Viewpoints

EU Personal Data Transfers Deadline: New SCCs must be put in place by December 27, 2022

Deadline to adopt EU Standard Contractual Clauses - Many organizations uses the European Union’s Standard Contractual Clauses (SCCs) to govern their transfers of personal data from the European Economic Area (EEA) to other...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

Ankura

New SCCs are here: what they mean and what you need to do next.

Ankura on

After much anticipation, the European Commission has published new Standard Contractual Clauses (SCCs). Under the General Data Protection Regulation (GDPR), when personal data of individuals in the European Economic Area...more

Womble Bond Dickinson

Schrems II, Reverse Schrems, and Schrems with a Half-Twist from the Pike Position

Womble Bond Dickinson on

Just when you thought it was safe to send your data across the water, the distinctive dorsal fin of Schrems II breaks the surface. The EU, who can barely be convinced that the UK’s data privacy law is “adequate” despite...more

Hogan Lovells

U.S. Government issues white paper regarding EU-U.S. personal data transfers

Hogan Lovells on

The U.S. Department of Commerce (DOC), Department of Justice (DOJ), and the Office of the Director of National Intelligence (ODNI) jointly issued a White Paper containing information about privacy protections under U.S. law...more

Mintz - Privacy & Cybersecurity Viewpoints

Privacy Shield Invalidated by Top EU Court; Standard Contractual Clauses Upheld (But There Are Still Major Challenges Ahead)

Organizations that transfer personal data from the European Union on the basis of the EU Commission-approved Standard Contractual Clauses (SCCs) may be breathing a sigh of relief on hearing that the SCCs have been upheld by...more

Poyner Spruill LLP

Six Months In, Privacy Shield Is Battered But Holding: Three Notable Developments in U.S-E.U. Data Transfers

Poyner Spruill LLP on

The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more

Foley Hoag LLP

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

Foley Hoag LLP on

Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

Mintz - Privacy & Cybersecurity Viewpoints

Commission Press Release and FTC Fact Sheet outlines the new EU-US “Privacy Shield”

The European Commission has issued a press release that gives an outline of some key changes to the EU-US safe harbor, now dubbed the “Privacy Shield.” The new accord still needs to be reviewed by the Article 29 Working...more

BakerHostetler

German Data Protection Authorities Limit Use of Alternative Data Transfer Mechanisms in Light of Safe Harbor Decision

BakerHostetler on

In the weeks since the October 6, 2015, Court of Justice of the European Union decision (“CJEU Decision”) that invalidated the EU-U.S. Safe Harbor framework, companies have been faced with the quandary of establishing legal...more

Robinson+Cole Data Privacy + Security Insider

EU safe harbor update

Last week, the Vienna Higher Regional Court ruled that most of Max Schrems’ claims against Facebook can proceed, including his claim that Facebook improperly allowed his personal information to be shared with the National...more

Goodwin

European Union and United States Agree in Principle on New Safe Harbor Framework

Goodwin on

On Monday, October 26, European Union Justice Commissioner Vera Jourová delivered a speech before the European Parliament in which she noted that the European Union and the United States had agreed “in principle” on a new...more

Thomas Fox - Compliance Evangelist

Whom Should You Suspend During an Internal Investigation?

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...more

Stinson LLP

EU Strikes Down the Safe Harbor Framework for Transatlantic Data Transfers: What You Should Know and What to Do Next

Stinson LLP on

The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor...more

Robinson+Cole Data Privacy + Security Insider

EU safe harbor update

A lot has happened since the European Court of Justice’s declaration that the EU-US safe harbor framework is invalid. First, the Article 29 Working Party, an organization comprised of representatives from each data...more

Orrick, Herrington & Sutcliffe LLP

EU Working Party Issues Statement on CJEU’s Invalidation of Safe Harbor Framework

The European Court of Justice’s (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more

Orrick, Herrington & Sutcliffe LLP

EU Working Party Issues Statement on CJEU's Invalidation of Safe Harbor Framework

The European Court of Justice's (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more

Thomas Fox - Compliance Evangelist

Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows, producer Val Lewton, whose films for RKO had some of the...more

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