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
Following a German case brought against the EU Commission, the EU General Court found that the Commission had made an improper transfer of personal information to the US. The plaintiff, a German citizen, alleged (among other...more
President Trump recently fired the three democrats on the Privacy and Civil Liberties Oversight Board (PCLOB). Since these firings bring the Board to a sub-quorum level, they have the potential to significantly disrupt...more
This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of...more
Now that the EU has adopted its adequacy decision for the EU-US Data Privacy Framework (DPF), many companies are assessing whether participation makes sense. Participation by a US entity is a mechanism -but not the only...more
On July 10, 2023, the European Commission adopted its much-anticipated adequacy decision for the EU-US Data Privacy Framework (DPF). The decision concludes that the US ensures an adequate level of protection—comparable to...more
It has been a long time coming, but the other shoe has finally dropped. Ireland’s Data Protection Commission (DPC) fined Meta Platforms Ireland (parent of Facebook Ireland) €1.2 billion, the highest fine to date under 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
Colorado Department of Law Issues Draft CPA Revisions - On December 22, the Colorado Department of Law issued updates to the draft Colorado Privacy Act (CPA) rules. These revisions build on written comments and feedback from...more
Some companies don’t seem to care about privacy compliance. They may not have the money to build a compliance regime. They may not believe in the laws or believe that the laws would ever be applied to them. They may just not...more
Parties in the US are allowed broad and liberal discovery of electronically stored information (ESI) relevant and proportional to the claims and defenses in a legal action. When a US-based litigant seeks ESI stored in other...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
Cybersecurity and data privacy regulations were complicated well before the global pandemic. Since COVID-19 swept the world, Brazil has delayed enacting its new general data protection law, California's CCPA has gone through...more
In a dramatic and widely reported decision of 12 July 2020 in the case known as Schrems II (Data Protection Commissioner v Facebook Ireland Ltd), the Court of Justice of the European Union (“CJEU”) invalidated the decision of...more
Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final -...more
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
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
GDPR, the key piece of European privacy law, sets out strict controls on the transfer of personal data from the EU to non-EU jurisdictions and makes it unlawful to transfer personal data from the EU to a non-EU based...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
We reported in July 2019 that the Court of Justice of the European Union (CJEU) heard a case brought by privacy-rights activist Max Schrems, challenging the validity of Standard Contractual Clauses (SCCs), which are widely...more
In this month's edition of our Privacy & Cybersecurity Update, we examine a declaration on ethical considerations for artificial intelligence, the annual joint review of the Privacy Shield, a new lawsuit from a snack food...more
In recent weeks there has been significant debate among commentators about whether Europeans’ privacy is becoming less protected in the US and what that may mean for the privacy protection arrangements between the EU and the...more
Transfers of personal data from most European countries to the US have been exposed to legal attack since October 2015, when privacy campaigner Max Schrems successfully sued the Irish authorities over data transfers made by...more