Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
On January 12, 2023, the Court of Justice of the European Union (CJEU) ruled that the data subject’s right of access to personal data requires controllers to provide the data subject with the identity of the companies that...more
President Biden recently signed an executive order establishing the implementation of the new EU-U.S. Data Privacy Framework, which would provide for the possibility of the lawful transfer of personal data from the European...more
FTC Chair Lina Khan Questions Current Data Collection Practices by Private Industry at IAPP Global Privacy Summit, Suggests New Rulemaking May Be Necessary - In her first major privacy address since taking the helm of the...more
Organizations are closely tracking which of their vendors previously relied on Privacy Shield. Separately, they are preparing Transfer Impact Assessments (“TIAs”) to evaluate and address risks associated with personal data...more
United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more
On Friday September 4, 2020, the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area, announced that it had formed two new...more
Schrems II may force companies obligated to produce EU personal data to the task of determining whether to comply with US discovery obligation rules that risk fines under the GDPR for illegal data transfers or to defy the US...more
The Court of Justice of the European Union (CJEU) recently declared that the EU-U.S. Privacy Shield is invalid because it does not provide an adequate level of protection for the transfer of personal data from the European...more
A recent Court of Justice of the European Union (CJEU) ruling—Schrems II—could lead to significant changes for companies that rely on the EU-US Privacy Shield for transferring personal data from the European Economic Area...more
In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more
The Court of Justice of the European Union (CJEU) recently issued a decision with global implications for data transfers from the EU in a case referred to the CJEU from the Irish Data Protection Commissioner, colloquially...more
EDPB and data protection authorities’ views and statements on the “Schrems II”- decision by the CJEU - On 16 July, 2020, the European Court of Justice (“CJEU“) passed a decision invalidating the EU-US Privacy Shield and...more
As discussed in an earlier alert, the Court of Justice of the European Union in a landmark decision in the Schrems II case invalidated the EU-US Privacy Shield framework, which was widely used by thousands of US organizations...more
Executive summary - In a repeat move echoing the previous invalidation of the “Safe Harbor”, on 16th July 2020 the Court of Justice of the European Union (“CJEU”) invalidated the “Privacy Shield”, which had allowed the...more
The table below sets out the guidance provided by data protection authorities (DPA) in response to the European Court of Justice’s landmark judgment in Case C-311/18 Data Protection Commissioner v. Facebook Ireland and...more
The Court of Justice of the European Union (“CJEU”), on July 16, 2020, invalidated the European Union-U.S. Privacy Shield Framework (“Privacy Shield”), which more than 5,300 U.S. organizations had relied on to lawfully...more
On July 16, 2020, the Court of Justice of the European Union (CJEU), the supreme court of the European Union on matters involving European Union law, issued its long anticipated decision in the “Schrems II” case ( case...more
On July 16, 2020, Europe’s highest court, the Court of Justice of the European Union, struck down the Privacy Shield, an agreement that permitted companies operating in the European Union (EU) to transfer data to the United...more
On July 16, 2020, the European Court of Justice (Court) ruled in the “Schrems II” case that the one of the most commonly used cross border data transfer mechanisms between the European Union (EU) and the United States (US),...more
In a decision issued on July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated the EU-U.S. Privacy Shield Framework, one of the primary tools used by companies in the European Union (EU) to transfer...more
El TJUE se pronuncia sobre la validez del Privacy Shield y las Cláusulas Contractuales Tipo (Responsable-Encargado). En su sentencia, el TJUE ha: (i) invalidado el Privacy Shield como mecanismo para transferir de forma segura...more
The Court of Justice of the European Union (ECJ) has finally issued its decision on the validity of standard contractual clauses (SCCs) in the Irish Data Protection Commissioner’s referral to the ECJ for an opinion on the...more
The Court of Justice of the EU ("CJEU") is currently hearing a challenge against the validity of two key mechanisms that businesses use to transfer personal data internationally. In a move that will come as a relief to...more
The Advocate General (AG) says the standard contractual clauses (SCCs) are valid but, where circumstances in the destination third country mean the SCCs would be breached or impossible to abide by, there is an obligation on...more
White & Case Technology Newsflash - The development of autonomous vehicles has attracted significant attention in recent years. The technologies being used in order to enable vehicles to navigate without human assistance...more