This briefing is a part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 (the "DPL"), and deals with the transfer of personal data outside Guernsey. A "data transfer" occurs when an individual's...more
On July 10, 2023, the European Commission adopted its adequacy decision for the EU-US Data Privacy Framework (DPF). The decision concluded that the United States does ensure an adequate level of protection for transferring...more
On 10 July 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (the DPF). With immediate effect, the adequacy decision provides a new lawful basis for transfers from...more
Companies relying on the SCCs as a data transfer tool have less than a month to update their existing contracts (if they haven’t done so already). WHAT HAPPENED? The EU General Data Protection Regulation (GDPR) allows...more
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
The Swiss government has drafted a proposed list of countries that are approved to receive personal data transfers out of Switzerland. Japan and South Korea are excluded from the current and proposed lists, requiring...more
Do you transfer or receive personal data from the United Kingdom? If so, there are some important developments in the UK to factor into your data protection compliance program. In a major change of policy, some organizations...more
Businesses today are data driven and data dependent, but the rules that govern how data can be used and shared across borders are becoming increasingly tricky for international organizations to navigate, subject to constantly...more
The European Commission published its implementing decision for the new Standard Contractual Clauses (“SCC”) in June of 2021. On September 27, 2021, the old SCCs that had been adopted prior to the General Data Protection...more
Das Portal fragdenstaat.de (Link) hat einen Fragebogen der Hamburgischen Datenschutzbehörde veröffentlicht, mit Hilfe dessen die Behörde die Umsetzung des Schrems-II-Urteils exemplarisch am Einsatz von Office 365 überprüft....more
On 12 November 2020, the European Commission (Commission) published a draft Implementing Decision on standard contractual clauses for the transfer of personal data to third countries pursuant to the EU General Data Protection...more
One of the methods US and EU companies rely on most frequently for the transfer of personal data from the EU to the US are standard contractual clauses. For the method to be acceptable as a valid basis for transfer of...more
Last week saw major innovations in the law of data transfer from the European Economic Area (EEA) to other countries, including the United States. This alert covers one of them: new guidelines from the European Data...more
The Information Technology Industry Council (ITI) issued a statement on Schrems II: Many small and medium sized enterprises (SMEs) are affected by the Court of Justice of the European Union decision and need guidance and a...more
Businesses are now prohibited from transferring employee personal data from the European Economic Area (EEA) to the U.S. under the EU-U.S. Privacy Shield program. The Court of Justice of the European Union (CJEU) declared the...more
In a landmark decision in what is popularly known as the "Schrems II" case, the Court of Justice of the European Union invalidated the EU-U.S. Privacy Shield, the framework that facilitated the transfers of personal data from...more
The European Court of Justice’s ruling in Schrems II, invalidating the EU-U.S. Privacy Shield framework as a means of transmitting personal data from the EU to the U.S., has drawn swift reaction from data protection...more
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
The Data Protection Authority of Hamburg, Germany has made good on its promise to audit cross-Atlantic data transfers in the wake of the October 2015 Safe Harbor decision. On June 6, the Hamburg DPA announced that it had...more
EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a...more
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
Over the course of the coming weeks, we will examine the various options available to companies in light of the European Court of Justice’s (CJEU) decision invalidating the US-EU Safe Harbor framework, including model...more
With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more
As all of our readers know by now, as of October 6, the US-EU Safe Harbor Framework is no more. Safe Harbor was the mechanism on which thousands of US companies (and thousands of companies based in the European Union)...more
As we wrote on October 6, 2015, the Court of Justice of the European Union (CJEU) announced its invalidation of the U.S.-EU Safe Harbor program as a legally valid pathway for transferring personal data of European Union (EU)...more