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Data Controller EU-US Privacy Shield

Sheppard Mullin Richter & Hampton LLP

DPA 101: Do You Know Where Your Data Is?

As more and more states enact laws that mirror aspects of GDPR, and as companies begin to get used to the EU’s new standard contractual clauses, now may be a good opportunity for a refresh on data sharing agreements. As most...more

Brownstein Hyatt Farber Schreck

U.S. Companies Now Have a Framework for EU-U.S. Personal Data Transfers

In a significant milestone for EU-U.S. cross-border transfers of personal data under Article 45 of the General Data Protection Regulation (GDPR), the European Commission adopted an adequacy decision for the new EU-U.S. Data...more

Latham & Watkins LLP

New Standard Contractual Clauses and Final EDPB Recommendations - Next Steps

Latham & Watkins LLP on

Companies have three months to prepare to use the latest standard contractual clauses for new data transfers, and 18 months to migrate existing arrangements. On 4 June 2021, the European Commission released its...more

Lathrop GPM

EU Issues New Standard Contractual Clauses for Data Transfers

Lathrop GPM on

The European Union limits the transfer of EU personal data to countries whose privacy regimens are not deemed “adequate,” like the United States. American companies have tended to rely upon Standard Contractual Clauses (SCC)...more

Benesch

Revised Approach to Standard Contractual Clauses Creates Key Deadlines and Offers Long-Awaited Answers

Benesch on

The European Commission’s long-awaited updates to the Standard Contractual Clauses (“SCCs”) have arrived. Data protection lawyers globally have eagerly anticipated these changes, which are necessary to address a legal...more

Pillsbury Winthrop Shaw Pittman LLP

Data Transfers from Europe: Final Version of New SCCs Published

The European Commission’s decision of 4 June 2021 finalises the new SCCs for transferring personal data from the EEA. After invalidation of the Privacy Shield by Europe’s top court, many businesses came to rely upon...more

Vinson & Elkins LLP

Keeping Transborder Data Flowing Post-Schrems II: EU Adopts Revised Standard Contractual Clauses

Vinson & Elkins LLP on

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

BCLP

International Data Flows - How to Prepare for the New EU SCCs

BCLP on

The last few years have witnessed remarkable changes in the privacy world.  The GDPR, the CCPA, the invalidation of the EU-US Privacy Shield framework and the related obligations resulting from the Schrems II decision - to...more

Akin Gump Strauss Hauer & Feld LLP

European Data Protection Board Forms Two New Taskforces to Address Schrems II Aftermath

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

Epstein Becker & Green

U.S. Employers and the GDPR: Where Are We Now?

Epstein Becker & Green on

Even though the General Data Protection Regulation (“GDPR”) became effective on May 25, 2018, its application to U.S.-based employers continues to evolve and increase in complexity. For U.S. employers of European Union (“EU”)...more

Husch Blackwell LLP

EDPB Issues Guidance For Cross-Border Data Transfers In Wake of Schrems II Judgment

Husch Blackwell LLP on

Keypoint: The EDPB’s FAQs resolve some open questions, such as whether there will be a grace period for companies relying on Privacy Shield, but raise other questions, such as what “supplementary measures” companies need to...more

Akin Gump Strauss Hauer & Feld LLP

Court of Justice of the European Union Rules Privacy Shield Invalid and Standard Contractual Clauses Can Remain But Only in...

On July 16, 2020, the Grand Chamber of the Court of Justice of the European Union (CJEU) in Luxembourg handed down its highly anticipated judgment in a case brought by privacy activist Max Schrems (C-311/18, Data Protection...more

Goodwin

Déjà Vu All Over Again: EU High Court Invalidates Privacy Shield For EU – U.S. Data Transfers

Goodwin on

Today (July 16) Europe’s highest court, the Court of Justice of the European Union (CJEU), in the case of Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (Schrems II) invalidated the EU–U.S. Privacy...more

Jones Day

Schrems II Confirms Validity of EU Standard Contractual Clauses, Invalidates EU–U.S. Privacy Shield

Jones Day on

The Situation: The Court of Justice of the European Union ("CJEU") has ruled that international data flows under the European Union's comprehensive data protection regime, the GDPR, can continue to be based on EU Standard...more

K&L Gates LLP

The Privacist - Volume 1

K&L Gates LLP on

BREXIT: DEAL OR NO-DEAL? DATA IS THE QUESTION - With the Brexit deadline looming ahead on 31 October 2019, the situation seemingly reaches new levels of uncertainty every day. Last week, the U.K. Supreme Court’s eleven...more

Ervin Cohen & Jessup LLP

“GDPR” Is Coming: The General Data Protection Regulation

Editor’s Note: Strictly speaking, this blog post isn’t really about human resources management or employment law. But it might be; the GDPR is vaguely written and it is not at all clear how it will be applied in relation to...more

WilmerHale

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

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

WilmerHale

The EU’s Article 29 Working Party Releases Guidelines Ahead of GDPR Implementation and Addresses the Privacy Shield

WilmerHale on

The EU’s Article 29 Working Party (WP29) held a plenary meeting in early December 2016. At the meeting, the WP29 adopted guidelines and issued FAQs relating to the EU General Data Protection Regulation’s (GDPR’s) provisions...more

WilmerHale

WilmerHale Privacy and Cybersecurity Law Blog - Comparison of Requirements Under the Privacy Shield/Safe Harbor Principles

WilmerHale on

Notice Requirements - The Privacy Shield notice requirements are more specific and detailed than what was required by the Safe Harbor regime. Safe Harbor required a privacy policy to provide information on data...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

Dorsey & Whitney LLP

The 2016 EU Data Protection Legislation

Dorsey & Whitney LLP on

In April 2016, the European Union adopted new legislation on data protection. The part relevant to private enterprises (EU Regulation 2016/679) is known as the General Data Protection Regulation or “GDPR.” The GDPR is subject...more

BCLP

A Side-By-Side Comparison of “Privacy Shield” and the Controller-Processor 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

BCLP

A Side-by-Side Comparison of "Privacy Shield" and the "Safe Harbor": The Easiest Way to Understand What Privacy Shield Is and...

BCLP on

More than 5,000 companies had taken advantage of the now defunct U.S.-EU Safe Harbor Framework. Those companies are now considering whether to join the newly approved “Privacy Shield,” and are trying to understand the...more

WilmerHale

European Commission Announces Framework for EU-US Privacy Shield

WilmerHale on

As a follow up to a previous blog post, as anticipated, the European Commission released the framework for the EU-US Privacy Shield, which replaces the invalidated transatlantic Safe Harbor Program, a system that had...more

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