Chinese authorities issued new regulations and guidance governing cross-border transfers of data and personal information, which will significantly reduce procedural and compliance burdens for many multinationals....more
Beginning October 12, 2023, the UK-U.S. Data Bridge will allow UK companies to transfer personal data to the United States using the new EU-U.S. Data Privacy Framework....more
10/17/2023
/ Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
EU Data Protection Laws ,
Information Technology ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
UK
On July 10, 2023, the EU Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework, concluding that the United States ensures an adequate level of protection for personal data transferred from the...more
On May 30, 2023, the Cyberspace Administration of China ("CAC") issued the "Guidance on Filing the Standard Contract for the Cross-Border Transfer of Personal Information" ("Guidance"), which took effect on June 1, 2023....more
On February 24, 2023, the Cyberspace Administration of China ("CAC") issued the long-awaited Measures on the Standard Contract for Outbound Cross-Border Transfer of Personal Information ("Measures")....more
In Short -
The Situation: China released new regulations and guidelines to clarify the procedural requirements companies must satisfy for the cross-border transfer of personal information under the Personal Information...more
On February 23, 2022, the European Commission ("Commission") published a proposal for a Data Act which aims at enhancing data access and use within the European Union ("EU")....more
2/24/2022
/ Artificial Intelligence ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
EU ,
European Commission ,
Information Governance ,
International Data Transfers ,
Internet of Things ,
Personal Data ,
Personally Identifiable Information ,
Proposed Regulation ,
Regulatory Agenda ,
Small and Medium-Sized Enterprises (SMEs)
EU and UK data protection rules each restrict transfers of personal data to third countries not regarded as having an adequate level of protection, such as the United States, China, Russia and India....more
The Cyberspace Administration of China has issued draft guidance on applying for and conducting security assessments for cross-border data transfers for public comment. On October 29, 2021, the Cyberspace Administration of...more
11/10/2021
/ China ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Public Comment ,
Regulatory Reform ,
Regulatory Requirements
When the DSL goes into effect on September 1, 2021, it will impose certain restrictions on a company's ability to transfer data out of China without the prior approval of Chinese authorities. One significant restriction is...more
8/27/2021
/ China ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Data Security ,
Foreign Official ,
International Data Transfers ,
Multinationals ,
Personal Data ,
Personally Identifiable Information ,
Popular
On June 10, 2021, the Standing Committee of the 13th National People's Congress passed the long awaited People's Republic of China (China) Data Security Law ("DSL") after a final read of the third draft. The DSL, which takes...more
6/21/2021
/ China ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Processing Rules ,
Data Processors ,
Data Protection ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Information Technology ,
International Data Transfers ,
National Security ,
New Legislation ,
Regulatory Reform
The Background: Transfers of personal data to countries outside the European Economic Area ("EEA") must meet certain requirements under the General Data Protection Regulation ("GDPR"). If the third country does not provide an...more
The Situation: The European Union and United Kingdom have both warned companies to prepare for a no-deal Brexit.
The Result: There is a real possibility that the Brexit Implementation Period will end on 31 December 2020...more
The Situation: After the invalidation of the EU-U.S. Privacy Shield by the Court of Justice of the European Union ("CJEU"), the conditions under which international data may flow from the European Union continue to remain...more
11/23/2020
/ Binding Corporate Rules ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses
The Situation: On October 6, 2020, the Court of Justice of the European Union ("CJEU") held that the national security laws of the United Kingdom, France, and Belgium, which each require that providers of electronic...more
11/6/2020
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Protection ,
Data Retention ,
Data Security ,
e-Privacy Directive ,
Electronic Communications ,
EU-US Privacy Shield ,
International Data Transfers ,
Location Data ,
Member State ,
National Security ,
Standard Contractual Clauses
The Situation: The Court of Justice of the European Union ("CJEU") has ruled that international data flows under the European Union's comprehensive data protection regime, the GDPR, can continue to be based on EU Standard...more
The Situation: The United Kingdom is due to leave the European Union ("EU") on 31 October 2019. Negotiations between member states of the EU excluding the United Kingdom ("EU27") and the United Kingdom are ongoing, but it is...more
10/1/2019
/ Corporate Counsel ,
Data Protection ,
EU-US Privacy Shield ,
European Commission ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
International Data Transfers ,
Member State ,
No-Deal Brexit ,
Personal Data ,
Standard Contractual Clauses ,
UK Brexit
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Internal Report Regarding IoT Cybersecurity -
In September, the National Institute of Standards and Technology ("NIST") released a draft...more
12/26/2018
/ Civil Monetary Penalty ,
CNIL ,
Consumer Reporting Agencies ,
COPPA ,
Critical Infrastructure Sectors ,
Cross-Border ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Disclosure Requirements ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hobbs Act ,
Internal Audit Functions ,
International Data Transfers ,
Internet of Things ,
NIST ,
Popular ,
Power Grid ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
The Situation: The General Data Protection Regulation has a broad territorial scope and can apply to businesses based outside the European Union.
The Result: The European Data Protection Board has provided important...more
The Situation: The Legislative Decree 101/2018 ("Harmonization Decree") harmonizes the Italian data protection laws with the General Data Protection Regulation (EU) 679/2016 ("GDPR") provisions. It was enacted and became...more
On June 12, 2018, Vietnam's National Assembly passed the contentious Law on Cybersecurity ("Law"), which will go into effect on January 1, 2019. The Law has hallmarks similar to China's Cybersecurity Law that took effect in...more
The Situation: The U.S. Congress passed the CLOUD Act amending U.S. surveillance laws to facilitate law enforcement access to the contents of communications and other related data.
The Result: U.S. law enforcement...more
3/29/2018
/ Criminal Investigations ,
Cross-Border ,
Data Collection ,
Data Storage Providers ,
Data Transfers ,
Disclosure Requirements ,
Electronically Stored Information ,
Extraterritoriality Rules ,
International Data Transfers ,
Law Enforcement ,
Stored Communications Act
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
United States and China Renew Promise Not to Hack -
On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more
11/21/2017
/ Acquisitions ,
Argentina ,
Article 29 Working Party (WP29) ,
Australia ,
Belgium ,
Biometric Information Privacy Act ,
Blockchain ,
Canada ,
CCTV ,
Chile ,
China ,
CNIL ,
Connected Cars ,
COPPA ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Driverless Cars ,
EDPS ,
ENISA ,
Equifax ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Germany ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Initial Coin Offering (ICOs) ,
International Data Transfers ,
Italy ,
Mexico ,
Mobile Apps ,
National Security ,
Netherlands ,
NIST ,
Online Advertisements ,
People's Bank of China ,
Personally Identifiable Information ,
Popular ,
Public Safety ,
Retail Investors ,
Search Engines ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Spain ,
Stored Communications Act ,
TCPA ,
UK ,
Websites
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
10/17/2017
/ Binding Corporate Rules ,
Cybersecurity ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Facebook ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Ireland ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
China’s Cybersecurity Law was issued on November 7, 2016, by the Standing Committee of the National People’s Congress, and it came into effect on June 1, 2017. The Cybersecurity Law marks the first comprehensive law in China...more
9/5/2017
/ China ,
Compliance ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Exports ,
Foreign Investment ,
International Data Transfers ,
Medical Devices ,
Networks ,
Personally Identifiable Information ,
Popular