News & Analysis as of

Data Protection Authority Schrems I & Schrems II

Hogan Lovells

Hamburg DPA issues optimistic stance on Executive Order for EU-U.S. Data Privacy Framework

Hogan Lovells on

The Data Protection Authority (“DPA”) of the German state Hamburg is one of the first European DPA to publish an optimistic assessment on the U.S. Executive Order on “Enhancing Safeguards for United States Signals...more

McDermott Will & Emery

Key Takeaways from the Latest Developments in the EU-U.S. Data Deal

McDermott Will & Emery on

In a string of executive actions unveiled on October 7, 2022, the U.S. government took steps to implement the EU-U.S. Data Privacy Framework (DPF), the third attempt to secure trans-Atlantic data flows after the European...more

Benesch

President Biden Enacts New Executive Order On EU-US Data Flow Agreement; EU Adequacy Decision Forthcoming

Benesch on

The Executive Order hopes to address what had been shortcomings in the previous Safe Harbor and Privacy Shield programs that were struck down by EU courts in 2015 and 2020 respectively. On October 7, 2022, President...more

HaystackID

[Webcast Transcript] You’ve Got to Move It: Data Protection and Privacy with Cross-Border Transfers

HaystackID on

...This session, led by industry-acknowledged experts in areas ranging from data protection and privacy to data transfer and legal discovery, provided a professional forum for the explanation of the best approaches,...more

Benesch

U.S. and E.U. Reach New Trans-Atlantic Data Flow Agreement To Replace Privacy Shield

Benesch on

While the announcement is short on details, once in place, U.S.-based. entities will be able to use the new agreement to comply with the GDPR’s cross-border data transfer requirements. On March 25, the U.S. and E.U....more

Epstein Becker & Green

Cookies Resulting in Cross Border Data Transfers to the United States Draw Scrutiny from European Data Privacy Regulators

Recent decisions from the European Union (EU) have placed renewed focus on the use of common cookies used on ecommerce and other websites used by consumers and employees and transfers of personal data collected through...more

WilmerHale

The French Data Protection Authority Joins the Austrian Data Protection Authority in Ruling that the Use of Google Analytics...

WilmerHale on

French regulators have held that the use of Google Analytics violates the GDPR, a decision that likely has broad implications for web analytics companies and website operators. On February 10, 2022, the French Data...more

Orrick, Herrington & Sutcliffe LLP

The Austrian Data Protection Authority Ground-breaking Google Analytics Decision: Analysis and Key Takeaways

The Austrian data protection authority (Österreichische Datenschutzbehörde; Austrian DPA) recently ruled that the use of Google Analytics violated Chapter V (transfers of personal data to third parties) of the EU General Data...more

Benesch

Google Analytics Ruled Unlawful by Austrian Data Protection Authority Under the GDPR and Schrems II Decision

Benesch on

More, possibly similar decisions are expected in the coming months, throwing cross-Atlantic data transfers and trade into doubt as diplomats seek a Privacy Shield replacement. In late December, the Austrian Data...more

BCLP

German DPAs launch audit of international data transfers after Schrems II

BCLP on

According to a press release of the data protection authority (DPA) of Lower Saxony earlier this month, nine German DPAs will participate in a coordinated audit of companies in Germany regarding their transfers of personal...more

Hogan Lovells

International data transfers under scrutiny: German DPAs launch joint multi-state audits

Hogan Lovells on

At the beginning of the year, the German data protection authorities (DPAs) announced that they would take joint action to enforce the decision of the European Court of Justice (ECJ) in the "Schrems II" case. On June 1,...more

Ankura

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

Ankura on

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

Sheppard Mullin Richter & Hampton LLP

Portugal Puts Halt on Data Transfers Between INE and Cloudflare

The Portuguese data protection authority issued a recent resolution ordering the Portuguese National Institute of Statistics (or INE) to stop sending personal census information to any countries outside of the EU that do not...more

A&O Shearman

Schrems II – Portuguese DPA suspends data transfer to the US by public entity that relied on standard contractual clauses

A&O Shearman on

On 27 April 2021, the supervisory authority of Portugal (CNPD) issued a resolution that required the National Institute of Statistics (INE) to suspend, within twelve hours, the transfer of data collected as part of the 2021...more

Goodwin

Navigating EU Data Transfers: Effects of Schrems II Start to Bite

Goodwin on

Risks of non-compliance with the GDPR keep increasing with data protection authorities (DPAs) now ordering suspension of transfers of personal data to the U.S. In March, the Bavarian DPA found there was an unlawful transfer...more

K&L Gates LLP

German Supervisory Authority Initiates Post-Schrems II Enforcement Against EU Companies Using U.S. Service Providers

K&L Gates LLP on

The Bavarian Data Protection Authority recently prohibited a European company from using U.S. newsletter provider Mailchimp in a first-of-its-kind decision. Since the Schrems II decision of the Court of Justice of the...more

McDermott Will & Emery

Nach Schrems-II-Urteil: Fragebogen als Arbeitshilfe auch für Arbeitgeber

McDermott Will & Emery on

Das Portal fragdenstaat.de (Link) hat einen Fragebogen der Hamburgischen Datenschutzbehörde veröffentlicht, mit Hilfe dessen die Behörde die Umsetzung des Schrems-II-Urteils exemplarisch am Einsatz von Office 365 überprüft....more

Husch Blackwell LLP

EDPB Announces Recommendations On Schrems II Supplementary Measures

Husch Blackwell LLP on

Keypoint: The EDPB’s much-anticipated recommendations will help companies identify the supplementary measures they need to put into place to comply with the CJEU’s Schrems II decision. Today, the European Data Protection...more

Fox Rothschild LLP

Irish Data Commissioner Discusses Schrems II, Enforcement And Consent

Fox Rothschild LLP on

“I worry that we are caught in a DPA (Data Protection Authority) beauty contest of who issues the bigger fine,” said Ireland Data Protection Commissioner Helen Dixon in her keynote for Daniel Solove’s Privacy+Security Academy...more

Sunstein LLP

The EU-US Privacy Shield is Invalid: Facebook May Be Only the First Casualty

Sunstein LLP on

News sources reported this month that the Irish data protection authority (DPA) had sent Facebook a preliminary order that would prohibit the transfer of information about European Union (EU) residents to US Facebook users....more

Hogan Lovells

Belgian Data Protection Authority publishes guidance concerning Schrems II

Hogan Lovells on

The Belgian Data Protection Authority (DPA) has published brief guidance concerning the European Court of Justice (ECJ) judgement on the European Commission’s adequacy decision provided by the EU-US data Privacy Shield...more

Hogan Lovells

EU Data Exports After Schrems II – Guidance by data protection authorities

Hogan Lovells on

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

Hogan Lovells

Key take-aways for international data transfers from the EDPB guidance on Schrems II

Hogan Lovells on

Last  Friday, the European Data Protection Board (EDPB) released Frequently Asked Questions about the European Court of Justice's Schrems II case. ...more

Benesch

Europe Invalidates U.S. Data Privacy Shield

Benesch on

On July 16, 2020, Europe’s Court of Justice issued a much-anticipated judgment on the validity of Decision 2016/1250 on the adequacy of the EU-US Data Protection Shield (the “US/EU Privacy Shield”) and Decision 2010/87 on...more

Miller Canfield

Important European Court Ruling On Personal Data Transfer To The U.S.

Miller Canfield on

On July 16, 2020, the Court of Justice of the European Union delivered its decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems, which invalidated EU Commission Decision 2016/1250 (the...more

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