News & Analysis as of

Safe Harbors 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

Dorsey & Whitney LLP

A new scheme is in place to allow U.S. organisations to import and use personal data from the European Union - should every...

Dorsey & Whitney LLP on

On 10 July 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“DPF”). The adequacy decision is designed to relieve U.S.-based businesses and other institutions and...more

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

HaystackID

Data Privacy Laws and Blocking Statutes: Five Practical Strategies for Counsel

HaystackID on

Background Note: Data privacy has become a critical issue in the digital era, with laws and regulations constantly evolving. As a result, it’s important for cybersecurity, information governance, and legal discovery...more

White and Williams LLP

Does Schrems II Doom Use of SCCs for EU–US Data Transfers? No Answers and Clouds are Gathering

White and Williams LLP on

It’s been well written that in Case C-311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II), the Court of Justice of the European Union (CJEU) struck down the Privacy Shield, a...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

European Court of Justice Declares the EU-U.S. Privacy Shield Invalid and Provides Additional Obligations on Companies Using...

On July 16, 2020, the Court of Justice of the European Union (CJEU) announced its judgment in the so-called Schrems II case (Case C-311/18), declaring that the EU-U.S. Privacy Shield is invalid because it does not provide an...more

Vinson & Elkins LLP

The EU-U.S. Privacy Shield Is Down: CJEU Decides Schrems II

Vinson & Elkins LLP on

On July 16, 2020, the Court of Justice of the European Union (“CJEU”) announced their decision in case C-311/18, better known as Schrems II. Late last year, the Advocate General issued a nonbinding opinion declaring the use...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

Akin Gump Strauss Hauer & Feld LLP

The case of Schrems 2.0 – the challenge to Standard Contractual Clauses allowing personal data transfer outside the European Union

On 9 July 2019, the Court of Justice of the European Union (CJEU) in Luxembourg heard a case brought by privacy-rights activist Max Schrems (C-311/18, Data Protection Commissioner v Facebook Ireland Limited, Maximilliam...more

BCLP

Schrems Redux: What's the Future for Transatlantic Data Transfers?

BCLP on

What Now? With its decision on Tuesday 3 October 2017 referring a preliminary question on the validity of the European Union’s “standard contractual clauses” (“SCC”) regime to the Court of Justice of the European Union...more

Wilson Sonsini Goodrich & Rosati

European Court of Justice to Rule on Validity of Standard Contractual Clauses

On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large...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

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

Davis Wright Tremaine LLP

EU-U.S. Privacy Shield Details Released – Is the New Data Transfer Arrangement Right for Your Company?

On February 29 the European Commission released its Draft Adequacy Decision and supplemental documents on the EU-U.S. Privacy Shield (“Privacy Shield”), giving businesses that transfer data from the European Union to the...more

Stinson LLP

Agreement on EU-U.S. Privacy Shield: What to Know and Expect

Stinson LLP on

On February 2, 2016, representatives from the European Commission and the United States announced a preliminary agreement on the “Privacy Shield,” a framework that legitimizes transfers of personal data from the EU to the...more

Sheppard Mullin Richter & Hampton LLP

EU-US Privacy Shield: Still Awaiting Certainty

Privacy activists across Europe raised their data protection banner following the announcement by EU Commissioner for Justice, Consumers and Gender Equality Vera Jourová on Tuesday 2 February 2016 that a political agreement...more

Ballard Spahr LLP

From Safe Harbor to Privacy Shield: New EU-U.S. Agreement for Transatlantic Data Flows

Ballard Spahr LLP on

The European Commission (EC) and the U.S. Department of Commerce have reached an agreement to create a framework for transfers of personal data from the European Union to the United States. The framework, named the EU-U.S....more

Troutman Pepper

U.S. and EU Authorities Announce New Privacy Shield for Data Transfers

Troutman Pepper on

Companies should still ensure that they are lawfully transferring data through an alternative mechanism until the details of the Privacy Shield are released. The U.S. Department of Commerce and the European Commission...more

Dechert LLP

EU and US Reach Agreement in Principle on Successor to ‘Safe Harbor’ for Trans-Atlantic Data Transfers

Dechert LLP on

The European Commission announced an agreement in principle on a new framework for data transfers to replace the “Safe Harbor” arrangement that had governed data flows between the United States and Europe for the past 15...more

BakerHostetler

Safe Harbor Part Deux: The Privacy Shield

BakerHostetler on

This week began like many. An arbitrary deadline came and went – this one, January 31, 2016, was set by the Article 29 Working Party for European and United States regulators to address the void created by the invalidation of...more

Fenwick & West LLP

Litigation Alert: From a Safe Harbor to a Privacy Shield

Fenwick & West LLP on

The October 6, 2015, decision of the Court of Justice of the European Union in the Schrems v. Facebook case left significant uncertainty surrounding the legality and practicality of U.S. technology companies’ ability to...more

Patterson Belknap Webb & Tyler LLP

U.S. and European Officials Fail to Reach Agreement for New Data Transfer Deal

American and European officials failed to meet the January 31st deadline for a new agreement on the transfer of data between the United States and Europe, disappointing hopes that the two sides would broker a deal to replace...more

Orrick, Herrington & Sutcliffe LLP

Policyholder Insider Quarterly

October ordinarily brings the return of crisp air, fall foliage and Halloween. This year, for the first time, it also brought National Cybersecurity Awareness Month. Yet designating a month to increase cybersecurity awareness...more

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