News & Analysis as of

Binding Corporate Rules European Court of Justice (ECJ)

Neal, Gerber & Eisenberg LLP

NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler

NGE Corporate & Securities partner John Koenigsknecht recently interviewed Data Privacy & Information Governance partner David Wheeler about the new standard contractual clauses and the complex task of assessing and...more

Pillsbury Winthrop Shaw Pittman LLP

The European Data Protection Board (EDPB) Finalises Guidance on International Transfers of Personal Data Following Europe’s Top...

The guidance outlines how organisations should approach international transfers and confirms examples of supplemental measures that can be adopted to ensure ongoing compliance and seeking to de-mystify earlier uncertainty. ...more

Kramer Levin Naftalis & Frankel LLP

European Court of Justice Invalidates EU-US Privacy Shield Framework

This past July, a decision by the European Court of Justice (ECJ) struck down the European Union-United States Privacy Shield framework (EU-U.S. Privacy Shield), one mechanism through which companies could transfer personal...more

ArentFox Schiff

Schrems II and the Possibility of a Privacy Shield Successor: Will History Repeat Itself?

ArentFox Schiff on

Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final -...more

Snell & Wilmer

EU Court Invalidates Privacy Shield: Standard Contracts Clauses Survive - for Now

Snell & Wilmer on

On July 16, 2020, the Court of Justice of the European Union (“ECJ”), EU’s highest court, issued a judgment which (i) immediately invalidated the EU – U.S. Data Privacy Shield Framework (“Privacy Shield”)1 and (ii) maintained...more

Wilson Sonsini Goodrich & Rosati

Schrems 2.0: AG Opines That Data Transfers to U.S. Are Valid Under Standard Contractual Clauses

On December 19, 2019, in the Facebook Ireland and Schrems (Schrems 2.0) case, the Advocate General (AG) to the European Court of Justice (ECJ)—European Union's highest court—opined that the EU Standard Contractual Clauses...more

Jones Day

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

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

Katten Muchin Rosenman LLP

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

McDermott Will & Emery

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

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

BCLP

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

BCLP on

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

McCarter & English, LLP

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

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

Womble Bond Dickinson

Data Transfer Without Safe Harbors

Womble Bond Dickinson on

European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...more

Foley & Lardner LLP

Privacy Shield – Rejected. GDPR – Accepted: What This Means to Your Organization and What You Should Consider Doing Now

Foley & Lardner LLP on

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last week, stating that although the Privacy Shield was a “great step...more

Foley & Lardner LLP

To Join or Not to Join: Is the EU-U.S. Privacy Shield Right for You?

Foley & Lardner LLP on

With the Article 29 Working Party’s position on the adequacy of the EU-U.S. Privacy Shield framework agreement (Privacy Shield) decision expected this week, U.S. businesses should be evaluating privacy options and preparing...more

Proskauer - Minding Your Business

The Basics of International Privacy Law for Commercial Litigators, Part 1: the EU

Let’s say an American commercial litigator is working to defend a multinational client that has been sued in the U.S. The litigator may realize that he or she needs to collect emails or other documents from the client’s...more

Eversheds Sutherland (US) LLP

EU-US Privacy Shield: European Union and U.S. Reach Agreement in Principle for New Data Transfer Framework – But Uncertainty...

On February 2, 2016, the European Commission (EC) and the U.S. Department of Commerce (Commerce) announced that they had reached agreement on a new data transfer safe harbor arrangement for the transfer of personal data from...more

Latham & Watkins LLP

Proposal of EU-US Privacy Shield Leaves Businesses in State of Uncertainty

Latham & Watkins LLP on

Earlier this week, the European Commission announced that a “political” agreement has been reached on a new framework for data flows from the EU to the US. The announcement highlights a few changes from the old Safe Harbor...more

Morrison & Foerster LLP

Opinion of Prof. Lokke Moerel of Morrison & Foerster on the impact of the ECJ Safe Harbor Decision on the alternative transfer...

Crucial decision by Working Party 29 expected February 3, 2016 on validity of Standard Contractual Clauses and Binding Corporate Rules for data transfers to U.S. Following the judgement of the European Court of Justice...more

Mintz - Privacy & Cybersecurity Viewpoints

(So) What if there’s no Safe Harbor 2.0?

There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially...more

K&L Gates LLP

Brussels Regulatory Brief: September/October

K&L Gates LLP on

On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

Akin Gump Strauss Hauer & Feld LLP

United States and European Union Reach Agreement in Principle for Continued Transatlantic Data Transfers Following Safe Harbor...

In the wake of the European Court of Justice’s (“CJEU”) landmark decision of Schrems v. Data Protection Authority earlier this month, the EU Justice Commissioner Vera Jourova announced this week that the EU has “agreed in...more

BakerHostetler

German Data Protection Authorities Limit Use of Alternative Data Transfer Mechanisms in Light of Safe Harbor Decision

BakerHostetler on

In the weeks since the October 6, 2015, Court of Justice of the European Union decision (“CJEU Decision”) that invalidated the EU-U.S. Safe Harbor framework, companies have been faced with the quandary of establishing legal...more

Robinson+Cole Data Privacy + Security Insider

EU safe harbor update

Last week, the Vienna Higher Regional Court ruled that most of Max Schrems’ claims against Facebook can proceed, including his claim that Facebook improperly allowed his personal information to be shared with the National...more

Locke Lord LLP

Safe Harbor Ruling: Company Considerations and Near Term Strategies

Locke Lord LLP on

Following the landmark judgment of the CJEU on 6 October 2015, which declared the U.S.-EU Safe Harbor scheme invalid and allowed national supervisory authorities to evaluate whether an adequate level of protection is provided...more

Latham & Watkins LLP

German Data Protection Authorities: Hope for Model Contracts?

Latham & Watkins LLP on

An early Position Paper of the German data protection authority of Schleswig-Holstein on the Schrems Judgment of the Court of Justice of the European Union (ECJ) gave little hope for practical alternatives to Safe Harbor. On...more

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