News & Analysis as of

European Data Protection Board (EDPB) Schrems I & Schrems II

Seyfarth Shaw LLP

Surprising Plot Twist: The European Data Protection Supervisor Reprimands the European Union for its use of Microsoft 365

Seyfarth Shaw LLP on

The European Union (EU)’s government organizations are just like any another entity trying to function in a world where global companies and even government entities are reliant on digital platforms for messaging and...more

McDermott Will & Emery

Get Ready to Update Your Binding Corporate Rules Regulators Expand Requirements

At the end of June, the European Data Protection Board (EDPB) published its Recommendations (Recs) on Binding Corporate Rules (BCRs). Among other things, the Recs require existing and in process BCRs to: - Incorporate...more

Cozen O'Connor

Irish Data Protection Commission’s Decision Throws Use of Standard Contractual Clauses Into Doubt

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On May 22, Ireland’s Data Protection Commission (DPC) announced that it had imposed a €1.2 billion fine on Meta Platforms for violating the European Union’s General Data Protection Regulation (GDPR) in its use of standard...more

McDermott Will & Emery

EU-US Transatlantic Data Flows Framework: EU Supervisors Shine Light at the End of the Tunnel

McDermott Will & Emery on

In a recent non-binding opinion, EU regulators expressed timid positivity about the European Commission’s draft adequacy decision on the EU-US transatlantic data flows framework (Data Privacy Framework or DPF). While some...more

BCLP

EU Cookie Banners: EU Cookie Banner Task Force Report Homes in on Unlawful Practices

BCLP on

On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...more

HaystackID

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

HaystackID on

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

A&O Shearman

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

A&O Shearman on

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

Sheppard Mullin Richter & Hampton LLP

EU’s Initial Response to US Proposed Data Transfers Framework

The EU released its draft adequacy decision for the EU-US Data Privacy Framework, but all is not smooth sailing. As we wrote in October, the US developed the proposed new framework in response to the declared inadequacy of...more

McDermott Will & Emery

European Commission Begins Process for Adoption of US Adequacy Decision

McDermott Will & Emery on

Since Schrems II invalidated the US/EU Privacy Shield, the flow of personal data from the European Union to the United States has been subject to intense regulatory scrutiny. Companies transferring personal data to the United...more

Mintz - Privacy & Cybersecurity Viewpoints

New EU-US Data Privacy Framework

The European Commission has published its long-awaited draft of the new EU-US Data Privacy Framework, available here. The Data Privacy Framework will replace the Privacy Shield decision that was invalidated in July 2020 by...more

Gardner Law

Transatlantic Legal-Regulatory Update: Live from the Heart of Silicon Valley

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US and EU Life Sciences Law firms Fieldfisher & Gardner Law recently held a CLE event in Silicon Valley covering Healthcare Compliance, Data Privacy and Regulatory hot topics for MedTech and Pharma companies. Discussion...more

Mintz - Privacy & Cybersecurity Viewpoints

EU Personal Data Transfers Deadline: New SCCs must be put in place by December 27, 2022

Deadline to adopt EU Standard Contractual Clauses - Many organizations uses the European Union’s Standard Contractual Clauses (SCCs) to govern their transfers of personal data from the European Economic Area (EEA) to other...more

Hogan Lovells

French Data Protection Authority publishes Q&A regarding use of Google Analytics

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The French Data Protection Authority (CNIL) has released a Q&A providing its position, possible alternative solutions as well as guidance on using a compliant audience measurement solution. It follows a set of formal notices...more

ArentFox Schiff

Privacy Report: California Privacy Protection Agency Releases Draft CPRA Regulations

ArentFox Schiff on

California Privacy Protection Agency Releases Draft CPRA Regulations - The California Privacy Protection Agency (CPPA) just released proposed California Privacy Rights Act (CPRA) regulations. The regulations expand...more

A&O Shearman

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

A&O Shearman on

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

Sheppard Mullin Richter & Hampton LLP

Waiting on a new EU-US Privacy Shield

It has been almost two years since the Privacy Shield was struck down as a valid data transfer mechanism in Schrems II. Many have been wondering “what’s next”? Will there be a replacement framework? When will that be...more

Wiley Rein LLP

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

Wiley Rein LLP on

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

A&O Shearman on

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

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

Spirit Legal

Data transfer to Russia and China in times of crisis

Spirit Legal on

In light of the “changed security policy situation” following Russia’s invasion of Ukraine, the Norwegian data protection regulator recently encouraged any company that exports personal data to Russia and Ukraine to review...more

Fox Rothschild LLP

5 Things to Know About Google Analytics, Transfers and Schrems II

Fox Rothschild LLP on

Here are five things you should know about Google Analytics, transfers and Schrems II. 1. Down to Middle Earth We Go Brush up on your J.R.R. Tolkien because Datatilsynet in its new guidance on cloud providers, says you...more

A&O Shearman

EU EDPB publishes final Guidelines on codes of conduct as tools for international data transfers

A&O Shearman on

On 4 March 2022, the European Data Protection Board (EDPB) published a final version of its Guidelines on Codes of Conduct as tools for transfers of personal data to third countries (Guidelines), adopted during the EDPB...more

Sheppard Mullin Richter & Hampton LLP

CNIL Recommends Using US Analytics Tools Only for Anonymous Statistical Data

Following a similar case from Austria, the French data protection authority recently concluded that certain use of cookies placed by US data analytics tools violated GDPR. The case came before the CNIL as the result of a...more

Wiley Rein LLP

Data Transfers from the EU – Further Guidance Issued

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The European Data Protection Board (EDPB) has provided further guidance on data transfers. Specifically, this most recent guidance clarifies what constitutes a “transfer.” While the concept of a transfer may seem...more

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