NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
In-house Roundhouse: Antitrust and the Tech Industry
What's Next after the Schrems II Decision of ECJ
Life With GDPR: Episode 47- Schrems III-Impact on the Transatlantic Digital Trade
The European Union (EU)’s government organizations are just like any another entity trying to function in a world where global companies and even government entities are reliant on digital platforms for messaging and...more
Data transfers from the EU to the US will now be easier for many companies, following a long-awaited decision from the European Commission. More than a year after the first announcement of the Trans-Atlantic Data Privacy...more
Swiftly on the heels of the U.S. announcing it fulfilled its commitments for implementing the EU-U.S. Data Privacy Framework (the Framework), the European Commission (the EC) formally recognized that commercial organizations...more
After years of uncertainty in the privacy rules governing transfer of data from the EU to the U.S., the new transatlantic data privacy framework has finally been adopted. On July 10, the European Commission formally adopted...more
The GDPR journey has not been wonderful. NOYB has 800 cases out and the enforcement process is difficult because procedural law is different in different countries....more
On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...more
European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022. As the General Data...more
If at first (and second) you don’t succeed, try try again. The European Union and United States are gearing up for “Privacy Shield 2.0” to address the difficulties faced by tens of thousands of companies in the wake of the...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 15 January, 2021, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) adopted a joint opinion (“Joint Opinion”) on the draft new sets of Standard Contractual Clauses (“New...more
Meet the Euro-crats who think that the European Union needs to behave more like Russia and China. More like Nigeria, Kazakhstan, and Indonesia. These leaders are pushing not just to punish U.S. firms for successfully...more
On November 11, 2020, the European Data Protection Board (“EDPB”) released two documents as a follow-up to the Court of Justice of the European Union’s (“CJEU”) notable July 2020 decision, known as Schrems II. These documents...more
Keypoint: The EDPB’s much-anticipated recommendations will help companies identify the supplementary measures they need to put into place to comply with the CJEU’s Schrems II decision. Today, the European Data Protection...more
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
The Data Protection Authority of Rhineland-Palatinate, Germany has issued FAQs on Schrems II, weighing in on the EU-U.S. Privacy Shield and Standard Contractual Clauses. The guidance comes on the heels of FAQs issued recently...more
Fragen, Antworten und Praxistipps zum weiteren Einsatz von Standardvertragsklauseln - Der Europäische Gerichtshof (EuGH) hat mit seinem Urteil vom 16. Juli 2020, Rechtssache C-311/18 („Schrems II“) die Rahmenbedingungen...more
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
The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more
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
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
European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...more
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
There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially...more
Senior Counsel Peter Swire to Debate European Privacy Activist Max Schrems. The debate, set to take place on January 26 in Brussels, will highlight key differences between certain European and U.S. attitudes towards U.S....more
In letters sent on November 20, 2015 (see here the letter sent to the chairman of the Article 29 Working Party), the U.S. Chamber of Commerce and its EU equivalent, BusinessEurope, urged the U.S. and EU negotiators to...more