News & Analysis as of

European Data Protection Board (EDPB) Court of Justice of the European Union (CJEU)

A&O Shearman

Global Cross Border Privacy Rules and the new initiatives to support data free flow with trust

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ust over a year ago, on 21 April 2022, the seven economies (Canada, Japan, the Republic of Korea, the Philippines, Singapore, Taiwan, and the USA) participating in the Asia-Pacific Economic Cooperation (APEC) Cross-Border...more

A&O Shearman

EU - EDPB issues final guidelines on the calculation of administrative fines

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The European Data Protection Board (EDPB) published the final version of the Guidelines on the calculation of administrative fines under the GDPR (Guidelines) on 7 June 2023. The Guidelines aim to harmonize the approach to...more

Latham & Watkins LLP

European Data Protection Board Focuses Coordinated Enforcement on Data Protection Officers

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Organisations should expect increased scrutiny and enforcement activity around the role of data protection officers in the coming year. The European Data Protection Board (EDPB) has announced that its coordinated...more

A&O Shearman

EDPB publishes opinion on the draft adequacy decision for the EU-US Data Privacy Framework

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The European Data Protection Board (EDPB) issued its opinion on the draft adequacy decision of the European Commission (Draft Decision) regarding the EU-US Data Privacy Framework (DPF) on 28 February 2023. The DPF is a...more

Faegre Drinker Biddle & Reath LLP

CJEU Rules on Dismissal of DPOs and Conflict of Interest

In a recent judgment, the Court of Justice of the European Union (the CJEU) has confirmed that Data Protection Officers (DPOs) can maintain other tasks and duties within their role, provided they do not result in a conflict...more

HaystackID

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

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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

Katten Muchin Rosenman LLP

EU-US Transborder Data Flows to be Reviewed by the European Data Protection Board

On December 13, 2022, the European Commission published its draft adequacy decision recognizing the essential equivalence of U.S. data protection standards, laying the foundations for finalization of the European Union...more

A&O Shearman

Does the ICO's new TRAnsfer risk assessment tool offer a pragmatic solution to the Schrems II dilemma?

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Hailed as an alternative approach to the EDPB’s transfer impact assessment, the ICO, with its updated international transfer guidance and its new TRA tool, aims to empower innovation and growth whilst protecting personal...more

Hogan Lovells

German DPA comments on Executive Order for EU-U.S. Data Privacy Framework

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Ever since the White House issued its Executive Order to pave a path for the new EU-U.S. Data Privacy Framework, stakeholders have provided both praise and criticism about whether the Executive Order sufficiently addresses...more

Latham & Watkins LLP

CJEU AG Sets High Bar for Responses to Data Subject Access Requests

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The Advocate General argues that organisations should provide individuals with information on the specific recipients of their personal data. Advocate General Giovanni Pitruzzella (AG) of the Court of Justice of the...more

A&O Shearman

International – noyb publishes open letter on the future of EU-US data transfers

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On 23 May 2022, the data privacy activist group ‘none of your business’ (noyb) published an open letter on the planned EU-US data transfer deal. ...more

Wiley Rein LLP

EU and U.S. Reach Agreement in Principle on New Data Privacy Framework for EU-U.S. Data Transfers

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The European Union (EU) and United States have reached a “deal in principle” to establish a new Trans-Atlantic Data Privacy Framework (Framework), which is meant to foster the exchange of data between the EU and U.S. This new...more

A&O Shearman

EU – EDPB comments on the upcoming EU-US Trans-Atlantic Data Privacy Framework

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On 6 April 2022, following the announcement of the political agreement on a new EU-US Trans-Atlantic Data Privacy Framework having been reached between the European Commission and the United States on 25 March 2022, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The U.S. and EU Announce an “Agreement in Principle” to Replace the EU-U.S. Privacy Shield Framework: What Employers Need to Know

On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck...more

Akin Gump Strauss Hauer & Feld LLP

New Privacy Shield Agreement Announced

Last week the Biden administration and the European Commission jointly announced a new trans-Atlantic data flow agreement. While no specifics have yet been made public, a recent press release gives the high-level facts of...more

Goodwin

U.S. And EU Reach Political Agreement on a New Trans-Atlantic Data Privacy Framework: The Implications for Businesses

Goodwin on

On 25 March 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the U.S. and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for...more

Orrick, Herrington & Sutcliffe LLP

6 Key Things to Know about the new EDPB Guidance on International Data Transfers

On November 19, 2021, the European Data Protection Board (“EDPB”) issued draft guidance on the interplay between Article 3 of the General Data Protection Regulation (“GDPR”) and the provisions on international transfers...more

Akin Gump Strauss Hauer & Feld LLP

Significant Impact on Personal Data Transfers Due to the New Standard Contractual Clauses and Final Guidance on Supplementary...

On September 27, 2021, all new contracts that involve cross-border personal data transfers must incorporate the updated standard contractual clauses (“New SCCs”) for controllers and processors. On June 4, 2021, the European...more

Goodwin

Europe OPTS for Pragmatism with New SCCS and ICO Opens Consultations on UK SCCS — What Companies Need to Do Next

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The dust has settled on the new EU standard contractual clauses for cross-border data transfers (“New SCCs”), but confusion still reins on how the New SCCs cover data transfers and what companies need to do to take advantage...more

Latham & Watkins LLP

New Standard Contractual Clauses and Final EDPB Recommendations - Next Steps

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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

A&O Shearman

CJEU clarifies application of One-Stop-Shop mechanism and the competence of national DPAs to bring cases before national courts...

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On 15 June 2021, the Court of Justice of the European Union (CJEU) issued its judgment addressing the operation of the GDPR one-stop-shop mechanism (OSS) in cross-border cases and the powers of national supervisory...more

Ankura

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

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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

McDermott Will & Emery

International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more

Eversheds Sutherland (US) LLP

Updata: Your quarterly Data Privacy and Cybersecurity update - October - December 2020

Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity regulatory and legal developments from the...more

Baker Donelson

GDPR Evolution Continues: Article 49 Derogations in a Post-Schrems II World

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U.S. organizations continue to struggle with the transfer of personal information in compliance with European Union law, including continued compliance with the General Data Protection Regulation (GDPR)....more

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