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European Union Publishes Draft Standard Clauses for Trans-Atlantic Data Transfers

Data Transfer from the European Union to the United States is a knotty process. The difficulties were compounded this summer when Europe’s highest court held the “Privacy Shield” program enabling U.S-E.U. data transfers...more

The Good, the Bad, and the Ugly: Standard Contractual Clauses After Schrems II

Countless businesses export data from the European Union to the United States. Does your human resources office have information on European employees? The sales department information on European clients? That is personal...more

Privacy Shield Goes To Court

In 2015, the European Court of Justice struck down Safe Harbor, the legal device that enabled data transfers from the European Union to the United States. This summer, Safe Harbor’s successor, Privacy Shield, may meet the...more

Some Final Thoughts as GDPR Takes Effect on May 25

Given recent headlines, ranging from Facebook to Cambridge Analytica to the City of Atlanta’s ransomware attack, the logical inference is that the European Union’s General Data Protection Regulation (GDPR) is a product of our...more

No, A Little Noticed Executive Order Did Not Kill Privacy Shield

We have previously noted that the the U.S.-E.U. Privacy Shield data transfer may not be dead, but it is ailing. These concerns have been exacerbated by a January 25, 2017 presidential Executive Order (EO) “Enhancing Public...more

Six Months In, Privacy Shield Is Battered But Holding: Three Notable Developments in U.S-E.U. Data Transfers

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

Four Points And A Stick: What You Can Do Right Now to Prepare for the European Union’s General Data Protection Regulation

It's coming. The European Union’s General Data Protection Regulation (GDPR) will come into effect on May 25, 2018. If your business involves processing EU citizen data, you will be subject to GDPR – even if your sole location...more

The Future of Tran-Atlantic Data Transfers

Ireland was recently stunned with the news that Apple owed it 13 billion euros it did not want. The underlying tax arrangement was relatively straightforward: Corporations that do businesses in different jurisdictions often...more

Privacy Shield's Day After

Every generation eventually reaches a point (some might call it “early middle age”) where its formative years become the focus of widespread nostalgia. As indicated by the success of the recent Star Wars sequel and numerous...more

Ten Days In June: Post-Brexit Developments in the U.S.-E.U. Data Protection Regime

The excitement surrounding the unexpected Brexit results has drowned out less dramatic stories. With David Cameron’s resignation as Prime Minister and Jeremy Corbyn’s position as Leader of the Opposition increasingly...more

Just When You Thought it was Safe to Go Back in the Water: Brexit Creates Additional Uncertainty in Trans-Atlantic Privacy...

In October 2015, the European Court of Justice invalidated the US-EU Safe Harbor Program in the landmark Schrems v. Data Protection Commissioner decision. The Safe Harbor was a 15-year old program that had allowed American...more

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