News & Analysis as of September 20, 2024

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

European Union and United States Reach New Agreement for Data Flow Across the Atlantic

Jones Day on 7/20/2023

On July 10, 2023, the EU Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework, concluding that the United States ensures an adequate level of protection for personal data transferred from the...more

European Commission Adopts EU-U.S. Data Privacy Framework

Robinson+Cole Data Privacy + Security Insider on 7/14/2023

On July 10, the European Commission (EC) published its data adequacy decision for the new EU-U.S. Data Privacy Framework (EU-U.S. DPF). This means that companies can transfer personal data from EU countries and from Iceland,...more

European Commission Adopts EU-U.S. Data Privacy Framework Adequacy Decision

Constangy, Brooks, Smith & Prophete, LLP on 7/14/2023

On July 10, 2023, the European Commission (“EC”) adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). Nearly three years after the Court of Justice of the European Union (“CJEU”)...more

Data Privacy Laws and Blocking Statutes: Five Practical Strategies for Counsel

HaystackID on 1/30/2023

Background Note: Data privacy has become a critical issue in the digital era, with laws and regulations constantly evolving. As a result, it’s important for cybersecurity, information governance, and legal discovery...more

[Webcast Transcript] The Digital Great Wall: Data Protection in Today’s China

HaystackID on 1/26/2023

Editor’s Note: On January 18, 2023, HaystackID shared an educational webcast on China’s emerging statutes and regulations governing the processing, disclosure, and transfer of data. As Chinese entities increasingly become...more

EDPB adopts draft Recommendations on Controller Binding Corporate Rules

Hogan Lovells on 12/1/2022

Binding Corporate Rules (BCR) are often considered the “gold standard” for international transfers of personal data subject to the GDPR. In contrast to the Standard Contractual Clauses of the European Commission (SCC), BCR...more

11 Months After Schrems II - How Are Organizations Addressing Risk?

Ankura on 6/1/2021

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

EU and UK Announce Interim Plans for Post-Brexit Data Flow

Knobbe Martens on 2/8/2021

Following its “Brexit” from the EU on January 31, 2020, the UK had until December 31, 2020 to bring its data privacy laws into compliance with the General Data Protection Regulation (“GDPR”). As of January 1, 2021, the UK is...more

No-Deal Brexit—Preventing Disruption to Data Transfers

Jones Day on 12/15/2020

The Situation: The European Union and United Kingdom have both warned companies to prepare for a no-deal Brexit. The Result: There is a real possibility that the Brexit Implementation Period will end on 31 December 2020...more

EU Recommendations Require Careful Analysis but Offer Few Clear Rules

Knobbe Martens on 12/14/2020

In July 2020 the Court of Justice the European Union’s (CJEU) Schrems II decision declared the EU-US Privacy Shield Protections inadequate for the protection of European data. On November 10, 2020, the European Data...more

Ensuring International Data Flows after Schrems II

Jones Day on 11/23/2020

The Situation: After the invalidation of the EU-U.S. Privacy Shield by the Court of Justice of the European Union ("CJEU"), the conditions under which international data may flow from the European Union continue to remain...more

EU Data Protection Regulators Issue Critical Draft Guidance on Personal Data Transfers

Mintz - Privacy & Cybersecurity Viewpoints on 11/13/2020

US companies and other organizations whose activities involve the use of personal information from Europe were unsettled by the EU Court of Justice’s July 2020 Schrems II decision that cast doubt on the lawfulness of...more

European Court of Justice Invalidates EU-US Privacy Shield Framework

Kramer Levin Naftalis & Frankel LLP on 10/1/2020

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

SWISS-U.S. Privacy Shield: Schrems 2.0’s Latest Victim?

Orrick, Herrington & Sutcliffe LLP on 9/15/2020

Following the CJEU’s invalidation of the EU Commission’s adequacy decision on the EU-U.S. Privacy Shield in Schrems 2.0, on September 8, 2020, the Federal Data Protection and Information Commissioner (FDPIC) found that the...more

Privacy & Cybersecurity Update - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 8/6/2020

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

How to Comply with International Transfers – The Regulatory Guidance Overview on the “Schrems II” Decision

Orrick, Herrington & Sutcliffe LLP on 7/30/2020

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

No Grace Period After Invalidation of EU-US Privacy Shield in Schrems II

Morgan Lewis on 7/28/2020

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

The eData Guide to GDPR: Binding Corporate Rules and Privacy Shield

Morgan Lewis on 2/11/2020

Global organizations need a clear, legal means to share data across borders, whether to conduct day-to-day business, comply with government regulations, perform under a contract, respond to lawsuits, or simply communicate and...more

And Then There Were None: Or How Schrems 2.0 May Invalidate the Standard Contractual Clauses and the Privacy Shield

Wilson Sonsini Goodrich & Rosati on 7/26/2019

On July 9, 2019, the European Court of Justice (ECJ)—the highest court of the European Union—will hear oral arguments in the Schrems 2.0 case relating to the validity of two key data transfer mechanisms: the Standard...more

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

Jones Day on 10/17/2017

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

Brussels Regulatory Brief: September/October

K&L Gates LLP on 11/2/2015

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

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

BakerHostetler on 10/30/2015

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

EU safe harbor update

Robinson+Cole Data Privacy + Security Insider on 10/30/2015

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

German DPAs Add Further Pressure to EU-US Data Transfers

Orrick, Herrington & Sutcliffe LLP on 10/27/2015

Yesterday, German federal and state (Länder) data protection authorities ("DPAs") issued a Position Paper following the recent Court of Justice of the European Union ("CJEU") ruling that struck down the EU-US Safe Harbor...more

EU Strikes Down the Safe Harbor Framework for Transatlantic Data Transfers: What You Should Know and What to Do Next

Stinson LLP on 10/23/2015

The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor...more

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