Anonymization and AI: Critical Technologies for Moving eDiscovery Data Across Borders
NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
Cross-Border Data Transfers and the EU-US Data Privacy Tug of War
Update on Global Data Privacy Regulations by John Jackson
What's Next after the Schrems II Decision of ECJ
Life With GDPR: Episode 47- Schrems III-Impact on the Transatlantic Digital Trade
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
Life With GDPR: Episode 46-Emergency Podcast on Schrems III
Life With GDPR: Episode 18-Update on Privacy Shield
Everything Compliance-Episode 10, the first 100 Days of the Trump Administration-Part I
Employment Law This Week: Password Sharing, Organizing Mixed Units, Mental Health Accommodations, Privacy Shield
FCPA Compliance and Ethics Report-Episode 239-Jonathan Armstrong on EU Privacy Shield
The United States ("U.S.") and the European Union ("EU") have settled on a framework for transfers of personal data for the first time since the European Court of Justice ("CJEU") effectively invalidate the EU-U.S. Privacy...more
In July 2020, the Court of Justice of the European Union (CJEU) declared the EU-U.S. Privacy Shield invalid. The EU-U.S. Privacy Shield program was designed to provide European Economic Area (EEA) data transferred to the U.S....more
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
In this month’s Privacy & Cybersecurity Update, we analyze the U.S. and EU’s joint commitment to create a new data transfer framework to replace the invalidated Privacy Shield, as well as Utah’s new state privacy law and...more
On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated in “Schrems II” the EU–U.S. Privacy Shield framework, while upholding the Standard Contractual Clauses (SCCs) as a valid mechanism for...more
The European Commission has just published a consultation draft of the long-promised updated version of the Standard Contractual Clauses (SCCs). The SCCs are the most commonly used legal mechanism for transferring personal...more
More than three months after the landmark Schrems II decision of the Court of Justice of the European Union (“CJEU”), the European Data Protection Board (“EDPB”) has issued its recommendations on “supplemental measures” to...more
It’s been well written that in Case C-311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II), the Court of Justice of the European Union (CJEU) struck down the Privacy Shield, a...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 the wake of the Schrems II decision invalidating the the EU-US Privacy Shield, the US Department of Commerce has decided it should make lemonade out of the Schrems lemons. The Department recently issued a set of FAQs,...more
Still grappling with the aftershocks of the Schrems II decision from the CJEU on July 16 (we previously discussed the Schrems II decision here), the European Data Protection Board (“EDPB”) has issued a Frequently Asked...more
The EDPB has provided input about consent in its recent FAQs responding to the Schrems II invalidation of Privacy Shield. As we wrote about previously in this series, Schrems II impacted how companies transfer data from the...more
In our Schrems II Practical Guidance special reports, members of McDermott’s internationally recognized Global Privacy & Cybersecurity group have outlined practical guidance and next steps to ensure your business is prepared...more
The decision of the Court of Justice of the European Union (CJEU), in Schrems II, invalidating the EU-U.S. Privacy Shield has engendered significant uncertainty regarding data transfers from the EU to the United States. In...more
Businesses are now prohibited from transferring employee personal data from the European Economic Area (EEA) to the U.S. under the EU-U.S. Privacy Shield program. The Court of Justice of the European Union (CJEU) declared the...more
Key Takeaways - The EU-U.S. Privacy Shield does not ensure an adequate level of protection of personal data and is therefore not a lawful basis for data transfers to the U.S....more
On July 16, the European Court of Justice (ECJ or the Court) struck down the EU-U.S. Privacy Shield program. The ruling invalidated an earlier European Commission (Commission) decision (Privacy Shield adequacy determination)...more
On July 16, 2020, the Court of Justice of the European Union (CJEU) struck down the EU-U.S. Privacy Shield as a valid mechanism for transferring personal data from the European Economic Area (EEA) to the United States...more
The Court of Justice of the EU has declared that the European Commission's adequacy decision in respect of the EU-U.S. Privacy Shield is invalid. The Court's ruling effectively removes a key mechanism that had been widely...more
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
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
On July 16, the highest court in the European Union (EU), the Court of Justice of the European Union (CJEU), issued a landmark judgment in the case of Data Protection Commissioner v Facebook Ireland Limited, Maximillian...more
On July 16, 2020, the Court of Justice of the European Union (“CJEU”) announced their decision in case C-311/18, better known as Schrems II. Late last year, the Advocate General issued a nonbinding opinion declaring the use...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