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EU-U.S. Data Privacy Framework vs. EU Standard Contractual Clauses for Transatlantic Transfers of Personal Data

The European Commission has approved the EU-U.S. Data Privacy Framework (DPF) for transferring data from the EU to the United States. Our Privacy, Cyber & Data Strategy Team discusses what companies should consider when...more

The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – May 2023

Publications and Advisories - April 5, 2023 – Kate Hanniford and Elinor Hiller published “Healthy Byte: White House and HHS Both Update Their Cybersecurity Guidance.”...more

European Commission Takes Significant Step Towards New Solution for Transatlantic Transfers of Personal Data

What Happened? On December 13, 2022, the European Commission (the “Commission”) took a significant step towards the adoption of the EU-U.S. Data Privacy Framework (“DPF”). The DPF is a new framework designed to replace the...more

Heavier Breach Notification Obligations for U.S. Companies Subject to the EU GDPR According to Proposed Regulatory Guidance from...

On October 18, 2022, the European Data Protection Board (“EDPB”) published a proposed updated version of its regulatory guidance on personal data breaches under the EU GDPR (the “Proposed Updated Guidance”). The Proposed...more

UK Information Commissioner’s Office Issues Warning on Ransomware Payments

On July 8, 2022, the UK Information Commissioner’s Office (UK ICO) together with the UK National Cyber Security Centre (NCSC), published a joint letter asking the Law Society of England & Wales to remind its members that they...more

EU and U.S. Reach Agreement In Principle on a Replacement for the EU-U.S. Privacy Shield

On March 25, 2022, the European Commission and the United States announced that they have reached an “agreement in principle” on a replacement for the EU-U.S. Privacy Shield, which was invalidated by the Court of Justice of...more

EDPB Issues Draft Guidelines on Data Subject Access Rights

On January 28, 2022, the European Data Protection Board (“EDPB”) published draft regulatory guidelines (“draft guidance”) on the right of data subjects to have access to their personal data under the EU General Data...more

EDPB Issues New Guidance for Assessing Personal Data Breaches under the EU GDPR

On Monday, 3 January 2022, the European Data Protection Board (“EDPB”) published the finalized version of its regulatory guidance entitled “Examples regarding Personal Data Breach Notification” (the “Guidelines”), following a...more

Belgian Supreme Court Rules That Data Protection Authority May Impose Administrative Fines Even Where a Data Subject’s Personal...

The Belgian Supreme Court ruled in a judgment of Oct. 7, 2021 that a data subject has the right to lodge a complaint with the Data Protection Authority against a processing practice that violates the GDPR (in this case, the...more

UK Unveils Post-Brexit Data Plans with an Emphasis on International Transfers of Personal Data

Today, the UK Department of Digital, Culture, Media and Sport (“DCMS”) has made a series of announcements shedding light on the UK’s post-Brexit data strategy. ...more

European Commission Adopts Draft UK Adequacy Decision

On February 19, 2021, the European Commission adopted a draft ‘adequacy decision’ in favor of the UK. The adoption of the draft adequacy decision marks the first step in ensuring the continued free flow of personal data from...more

Brexit Trade Agreement Provides a Temporary Solution for Companies Transferring Personal Data from the EEA to the UK

On December 24, 2020, the EU and the UK reached an agreement on the terms of their future cooperation following the end of the Brexit Transition Period (i.e., following 31 December 2020). The EU-UK Trade and Cooperation...more

UK ICO Publishes New Data Sharing Code

On December 17, 2020, the UK Information Commissioner’s Office (‘ICO’) published its Data Sharing Code of Practice (the ‘Code’) following a public consultation which commenced in 2019. The Code focuses mainly on data sharing...more

Brexit and Data Protection: What You Need to Know

With the end of the Brexit transition period around the corner, companies doing business in the EU and UK must prepare for data protection change – and not only international data transfers. Our Privacy & Data Security Team...more

European Commission Publishes Draft ‘Article 28’ Standard Contractual Clauses

In addition to issuing new (draft) standard contractual clauses for transferring personal data outside of the EEA, on November 12, the European Commission published a draft decision on standard contractual clauses between...more

German DPA Publishes Schrems II Transfer Compliance Checklist and Suggested Modifications to SCCs

On August 24, 2020, the data protection authority of the German state of Baden-Württemberg (the “DPA”) published guidance (the “Guidance”) on international transfers of personal data following the Schrems II judgment....more

European Data Protection Board Statement Provides Preliminary Insight into Use of Standard Contractual Clauses Following Schrems...

On July 17, 2020, the European Data Protection Board (‘EDPB’) published a statement on the outcome of the Schrems II judgment, passed by the Court of Justice of the European Union (‘CJEU’) the day before. The judgment...more

Schrems 2.0: CJEU invalidates EU-US Privacy Shield and Emphasizes Exporter Obligations When Using Standard Contractual Clauses

Executive Summary - The Court of Justice of the European Union (‘CJEU’) handed down its long-awaited judgment in the ‘Schrems 2.0’ Case (Facebook Ireland and Schrems (Case C-311/18)), about the validity of two means of...more

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