News & Analysis as of

Surveillance Schrems I & Schrems II

Latham & Watkins LLP

EU-US Data Privacy Framework Goes Live: What Are the Practical Implications?

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The new framework provides an additional route for personal data transfers from the EEA to the US. On 10 July 2023, the European Commission (EC) took the final step to enable businesses to start relying on the new EU-US...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

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

President Biden Issues Executive Order Providing for New EU-U.S. Data Privacy Framework

On October 7, 2022, President Biden signed Executive Order (EO) 14086, “Enhancing Safeguards for United States Signals Intelligence Activities,” which provides a new framework for legal data transfers between the European...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

Fenwick & West LLP

Reviving the Privacy Shield? New US Executive Order Seeks Reinstatement of Privacy Shield for EU-US Data Transfers

Fenwick & West LLP on

There is new hope for companies that transfer data from Europe to the United States that the return of a less administratively burdensome mechanism is on the horizon...more

Morgan Lewis

EU-US Data Transfers: New Executive Order Enhances Protections, But Will It Suffice?

Morgan Lewis on

US President Joseph Biden signed the long-anticipated Executive Order on Enhancing Safeguard for United States Signals Intelligence Activities (EO) on October 7, 2022, providing enhanced protections in an effort to restore...more

McDermott Will & Emery

Key Takeaways from the Latest Developments in the EU-U.S. Data Deal

McDermott Will & Emery on

In a string of executive actions unveiled on October 7, 2022, the U.S. government took steps to implement the EU-U.S. Data Privacy Framework (DPF), the third attempt to secure trans-Atlantic data flows after the European...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

Benesch

President Biden Enacts New Executive Order On EU-US Data Flow Agreement; EU Adequacy Decision Forthcoming

Benesch on

The Executive Order hopes to address what had been shortcomings in the previous Safe Harbor and Privacy Shield programs that were struck down by EU courts in 2015 and 2020 respectively. On October 7, 2022, President...more

WilmerHale

Update on the EU-US Data Privacy Framework

WilmerHale on

On October 7, 2022, President Biden signed an Executive Order (“EO”) implementing the new trans-Atlantic EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF, previously announced by President Biden and the...more

Goodwin

President Biden Signs “Privacy Shield” Executive Order to Address European Concerns Over Surveillance Practices in the United...

Goodwin on

On October 7, 2022, President Biden signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities,” establishing new privacy safeguards and oversight mechanisms for foreign intelligence...more

WilmerHale

How New Framework Could Ease EU-US Data Transfer Burden

WilmerHale on

On 25 March 2022, the European Commission and United States announced an agreement in principle on a new Trans-Atlantic Data Privacy Framework. If passed into law, the framework will facilitate the transfer of personal data...more

Eversheds Sutherland (US) LLP

Updata: Your quarterly Data Privacy and Cybersecurity update - October - December 2020

Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity regulatory and legal developments from the...more

Womble Bond Dickinson

Data Localization and the Limits of “Everything from Everywhere”

Womble Bond Dickinson on

The movement to localize some or all of internet data has grown over the past five years as countries introduce new laws restricting data flows, and others try to boost local businesses by placing burdens on international...more

Fox Rothschild LLP

EU Parliament: US Must Reform Surveillance Laws To Pave Way For Data Transfers

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The European Parliament is urging the United States to reform its surveillance laws to pave the way for transfers of personal data between the European Union and the U.S. "For data controllers that fall within the scope of...more

Hogan Lovells

EDPB issues comprehensive Schrems II guidance, including recommended supplemental measures to protect international data transfers

Hogan Lovells on

The European Data Protection Board (EDPB) has issued its long-awaited practical guidance following the Court of Justice of the European Union’s (CJEU) landmark Schrems II decision....more

Husch Blackwell LLP

EDPB Announces Recommendations On Schrems II Supplementary Measures

Husch Blackwell LLP on

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

Benesch

Europe Invalidates U.S. Data Privacy Shield

Benesch on

On July 16, 2020, Europe’s Court of Justice issued a much-anticipated judgment on the validity of Decision 2016/1250 on the adequacy of the EU-US Data Protection Shield (the “US/EU Privacy Shield”) and Decision 2010/87 on...more

Miller Canfield

Important European Court Ruling On Personal Data Transfer To The U.S.

Miller Canfield on

On July 16, 2020, the Court of Justice of the European Union delivered its decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems, which invalidated EU Commission Decision 2016/1250 (the...more

Hogan Lovells

Schrems II: Privacy Shield invalidated and Standard Contractual Clauses under scrutiny

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The Court of Justice of the European Union today invalidated the EU-US Privacy Shield and called into question the extent to which EU data exporters could rely on the European Commission’s Standard Contractual Clauses for...more

Polsinelli

U.S.-EU Privacy Shield Invalidated by CJEU

Polsinelli on

Yesterday, the Court of Justice of the EU (“CJEU”) issued a judgment with two important outcomes: (1) invalidation of the U.S.-EU Privacy Shield as a basis for transfers of personal data from the EU to the U.S.; and (2)...more

Seyfarth Shaw LLP

CJEU Invalidates EU-US Privacy Shield Framework

Seyfarth Shaw LLP on

Yesterday, the Court of Justice of the EU has handed down its judgment in the highly-anticipated Facebook Ireland case (aka Schrems II) and invalidated the Privacy Shield Decision. For those of you who have followed this...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

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

Wilson Sonsini Goodrich & Rosati

Schrems 2.0: AG Opines That Data Transfers to U.S. Are Valid Under Standard Contractual Clauses

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

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