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Adequacy for the US (kind of) – But What Are the Side Effects?

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-UD Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will...more

CJEU Invalidates EU-US Privacy Shield Framework

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

Europe’s Privacy Law is Coming – Just Not Via California

While a lot of ink has been spilled on the California Consumer Privacy Act (“CCPA”) over the last 18 months, one of the things which has become quite apparent to those of us who view privacy through a lens which considers...more

“Opening Clauses” and the GDPR – It Might Not Be As Easy As We Thought

The General Data Protection Regulation is coming, and along with it, a significant expectation of increased harmonization in the privacy rules across the EU. Considering the 60-plus articles which directly impose obligations...more

Europe Is Shifting, And It’s a Big Deal – The New GDPR

The clock is now ticking. On May 4th the European Parliament published the final text of the General Data Protection Regulation (“GDPR”), and the rules of the game have significantly changed – at least in the context of EU...more

Safe Harbor 2.0 – Is It Happening?

It is the beginning of 2016, and American companies are anxiously awaiting news of whether or not a new “Safe Harbor 2.0” will emerge. In October of 2015, the European Court of Justice declared invalid Safe Harbor 1.0 in the...more

The 37th International Conference of Data Protection & Privacy Commissioners – Some Observations

The annual conference of the world’s data protection regulators is a three day exercise, with half of the conference being “closed door” for the regulators only, and the other half being a series of side meetings and...more

Safe Harbor – Not so Safe After Schrems

Today the European Court of Justice (“ECJ”) issued its Judgment in the Schrems case, and in doing so, added another tremor to the ongoing seismic shift related to cross-border privacy law. ...more

Information Security Policies and Data Breach Response Plans – If You Updated Yours In June, It’s Already Obsolete

With the recent uptick in the U.S. of lawsuits filed as a result of a data breaches, state legislators in the U.S. have been busy updating the many different state laws that dictate how a company must respond if they have...more

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