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Binding Corporate Rules

GDPR’s Most Frequently Asked Questions: What does a company need to do to transfer data from an office in the EEA to one of its...

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

GDPR Countdown - 9 Weeks to Go

by Ward PLLC on

We’re entering the home stretch of the GDPR countdown now, with just about two months to go. At this point, you may or may not have realized that you need good advice about what to do and how to do it. Ideally, you’ve started...more

GDPR's Most Frequently Asked Questions: If I Already Drafted a Privacy Policy to Comply with US Law Do I need to Change it for the...

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

EU issues warning on data transfers to the UK post-Brexit

by Dechert LLP on

The European Commission has issued a notice explaining some of the legal ramifications of Brexit on transfers of personal data from the EU to the UK....more

Article 29 Working Party Sets Deadline to Address Privacy Shield Concerns

by Hogan Lovells on

Hot on the heels of the European Commission’s official review of the functioning of the EU-U.S. Privacy Shield framework, the Article 29 Working Party (Working Party) of EU data protection regulators has issued its own report...more

The Article 29 Working Party Releases Guidelines on BCRs Under The GDPR

by WilmerHale on

On December 6, 2017, the European Union’s Article 29 Working Party released two sets of guidelines on Binding Corporate Rules (“BCRs”) it had adopted a week earlier. BCRs are internal rules that define a group of companies’...more

GDPR Update: Transfer of Personal Data (outside the EEA) (Dutch)

by Dentons on

In this GDPR update, we will address the transfer of personal data outside the European Economic Area (EEA). ...more

GDPR Update: Transfer of Personal Data (outside the EEA)

by Dentons on

In this GDPR update, we will address the transfer of personal data outside the European Economic Area (EEA)....more

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

by Jones Day on

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

Irish Court Casts Serious Doubt on EU Model Clauses

by McDermott Will & Emery on

The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court opinion stating that there are “well founded grounds” to find the Model Clauses...more

Schrems Strikes Again? The Future of EU Standard Contractual Clauses

by Latham & Watkins LLP on

On October 3, 2017, the Irish High Court announced that it will make a reference to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the validity of the Standard Contractual Clauses, which allow...more

An Irish Court Clouds the Future of EU Data Transfers: The Luck of the Model Clauses May Be Done

There was a new and potentially significant development this week in the Irish courts that could mark the start of a fundamental change in the field of privacy law and the transfer of personal data from the European Union to...more

European Court of Justice to Rule on Validity of Standard Contractual Clauses

On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large...more

Processor BCRs Under the GDPR: Realizing the Potential

by Alston & Bird on

Binding Corporate Rules (BCRs) are an intracompany code of conduct that regulates the principles and rules that apply to the processing and transfer of personal data within a company group, including cross-border. BCRs were...more

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

by Poyner Spruill LLP on

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

The Swiss Privacy Shield Opens for Business on April 12

by Seyfarth Shaw LLP on

Beginning on April 12, 2017, U.S. organizations that are subject to the investigatory and enforcement powers of the FTC or the Department of Transportation will be able to self-certify to the newly adopted Swiss–U.S. Privacy...more

EU Binding Corporate Rules For Transferring Data: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

by Bryan Cave Leighton Paisner on

In the United States companies are permitted to transfer personal information – including sensitive personal information – as needed between their offices, locations, and corporate affiliates. For example there are no...more

Germany to audit 500 companies on data transfers

by Dentons on

The German data protection authorities have announced today that they have chosen 500 companies throughout Germany to audit their transfer of personal data to the US and other countries (eg. India). The targets were chosen...more

The Privacy Shield: September 30, 2016, Deadline for Early Self-Certification Offers Compliance Opportunity and Risk

by McDermott Will & Emery on

The European Commission recently determined that the Privacy Shield Framework is adequate to legitimize data transfers under EU law, providing a replacement for the Safe Harbor program. The Privacy Shield is designed to...more

The EU’s Data Transfer “Privacy Shield”—Full Body Armor or a Candle in the Wind?

With the August 1st start of the Privacy Shield, the European Commission’s new and long-awaited transatlantic data transfer agreement with the U.S., businesses that had previously relied on the invalidated Safe Harbor scheme...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 13:...

by White & Case LLP on

Why does this topic matter to organisations? In today's world, it is increasingly important to be able to move data freely to wherever those data are needed. However, the transfer of personal data to recipients outside...more

Article 29 Working Party on the EU-US Privacy Shield: A Number of Concerns Remain But Let’s See How It Works

Article 29 Working Party on the EU-US Privacy Shield: The EU’s Article 29 Working Party analyzed the final version of the Privacy Shield and issued a statement on July 26, 2016. What does this mean?...more

Privacy Shield: The National Data Protection Authorities Hold Fire

The Article 29 Working Party (WP29) has released a brief updated statement on the final form of the Privacy Shield adequacy decision and supporting annexes. WP29 is an important advisory group made up of representatives of...more

A Side-By-Side Comparison of “Privacy Shield” and the Controller-Controller Model Clauses: The Easiest Way to Understand What...

The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for the national data-protection laws in each EU member state. The Directive states that personal data may only be transferred to...more

Shield, Sword or Plough Ahead? Approval of New EU Privacy Shield Forces a Decision

by McCarter & English, LLP on

When the European Court of Justice first invalidated the Safe Harbor we recommended here that, for most companies, staying the course by implementing general data security best practices was probably the right thing to do...more

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Cybersecurity

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