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Introduction - 2024 has been another big year for privacy. Several new state privacy laws are going into effect, with several more coming in 2025, while a federal privacy law continues to be discussed that would further...more
Why should I read this? A new UK-US data bridge will be available to businesses in the UK looking to transfer personal data to organizations in the United States certified under the UK Extension to the EU-US Data Privacy...more
2023 is shaping up to be a landmark year for data privacy, on both sides of the Atlantic. In the US, four new state laws go into effect – two on July 1 – while California is expanding its already robust requirements, and...more
On July 10, 1962, NASA launched Telstar 1, the first active communications satellite linking Europe and the United States through live television transmission. Sixty-one years later, on July 10, 2023, the European Commission...more
On July 10, 2023, the European Commission (EC) adopted an adequacy decision in relation to the EU-U.S. Data Privacy Framework (DPF). This paves the way for organizations to certify to the DPF, reducing friction for transfers...more
The European Data Protection Board (EDPB) has issued a long-awaited opinion on the EU-US Data Privacy Framework. Here are some key takeaways: The scope of the exemptions to the adherence to the principles, including on the...more
2022 was yet another eventful year in terms of GDPR compliance. The continued evolution of the enforcement landscape, with increasing number of sanctions and individuals exercising their rights required time and attention...more
President Biden recently signed the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities and supporting regulations (collectively, the “Executive Order”), enhancing privacy and civil...more
There is new hope for companies that transfer data from Europe to the United States that the return of a less administratively burdensome mechanism is on the horizon...more
Last week, the United States Department of Justice, acting on behalf of the Federal Trade Commission, took action against Twitter, Inc. for allegedly using private account security data to sell targeted advertisements without...more
Since the Schrems II 2020 judgment famously “cancelled” the EU/U.S. Privacy Shield program for personal data flows from the EU to the United States, it would be an understatement to say that U.S.-bound personal data flows...more
On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck...more
The Federal Trade Commission has reached a settlement in the matter of CafePress. Here are some things you should know: Data minimization: •Storing information indefinitely on your network without a business need creates...more
In June, the European Commission published the final version of a new set of standard contractual clauses (SCCs) that can be used to comply with the EU’s General Data Protection Regulation (the “GDPR”). These clauses are of...more
Post Schrems II World: EDPB Adopts Recommendations on Supplementary Measures for International Data Transfers - On June 18, the European Data Protection Board (EDPB) formally adopted Version 2 of its Recommendations on...more
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
On June 4, 2021, the European Commission announced the definitive adoption and publication of revamped Standard Contractual Clauses (“SCCs”) for the transfer of personal data to third countries pursuant to the EU General Data...more
Pathways for U.S. companies to transfer personal data out of the European Union have been repeatedly blocked by EU authorities concerned by what they perceive as gaps in data protection under U.S. laws. Schrems I invalidated...more
On Nov. 11, 2020, the European Data Protection Board (EDPB) published eagerly anticipated guidance in the wake of the July 2020 European Court of Justice’s (ECJ) decision in Schrems II, outlining a process for ensuring data...more
The French Conseil d’Etat handed down an important decision October, 13th regarding privacy and personal data protection. This decision comes in the wake of the “Schrems II” ruling of the Court of Justice of the European...more
The newly passed Proposition 24, the California Privacy Rights Act (CPRA), represents the second time in two years that California has instituted a comprehensive privacy statute that fundamentally changes data privacy...more
This year has been, and continues to be, a rollercoaster for privacy laws and legislation in California. From CCPA to CPRA, and other new privacy legislation signed into law or vetoed by Governor Newsom, 2020 has shown a...more
On October 6, 2020, the Court of Justice of the European Union (the “Court”) ruled that principles of EU law prevent Member States from requiring a provider of electronic communications services to indiscriminately retain...more
The myriad of data privacy laws across Europe can make it challenging for companies engaged in cross-border business. Between the GDPR, the landmark Schrems II decision, local data privacy laws and Brexit complications...more
Keypoint: LGPD is a complicated regulatory regime that will required U.S. entities subject to its requirements to undertake substantial compliance efforts. As documented in Dirceu Santa Rosa’s article for the IAPP’s Privacy...more