The Standard Formula Podcast | Solvency II Back to Basics: Third Country Branches and Cross-Border Provision of Services
Last month, the European Data Protection Board – which is composed of the national data protection authorities (‘Supervisory Authorities’) of the countries in the European Economic Area (‘EEA’), as well as the European Data...more
Quick Hits Schrems II Recap Most people are now familiar with the Schrems II requirements to “know your transfers” and to protect personal data when such information is subject to processing (including remote access to...more
In this month’s Privacy & Cybersecurity Update, we examine the newly established data privacy framework between the EU and U.S. and new consumer privacy laws in Oregon and Texas. We also review a court ruling that delayed...more
On July 10, 2023, the European Commission (the “Commission”) adopted an adequacy decision for the EU-U.S. Data Privacy Framework (the “Framework”). The Framework provides companies that opt in with a legitimate means of...more
The European Union’s (“EU”) Data Protection Commission (the “Commission”) recently fined Meta Ireland $1.3 billion (or €1.2 billion) for improper data transfers from the European Economic Area (“EEA”) to the United States in...more
Ireland’s Data Protection Commission has fined Meta €1.2 billion. What, however, did the commission say in the case about using Art 49 derogations for transfers to the U.S.? An overview: I will discuss the Meta decision...more
SEC Division of Examinations Issues Risk Alert on Regulation S-ID and Identity Theft Prevention Programs - On December 5, 2022, the Securities and Exchange Commission (“SEC”) Division of Examinations (“EXAMS”) issued a...more
A new legal mechanism to allow for transfers of personal data between the EU and the U.S. is now advancing after an October 7th, 2022 Executive Order was issued by U.S. President Biden (the “Executive Order”). The new...more
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
The European Commission recently adopted an adequacy decision regarding the Republic of Korea’s data protection laws. As a result of this decision, personal data can freely flow between the EEA and South Korea without the...more
The EDPB releases guidelines to clarify a simple but surprisingly confusing question, "What is a data transfer under the GDPR?" In light of the new guidelines, businesses should review potential transfer activities and ensure...more
Out with the old EU Standard Contractual Clauses (as of September 27th) - Organizations that use the European Union’s Standard Contractual Clauses (SCCs) to govern their transfers of personal data from the European...more
On 28 June 2021, just two days before the interim EU-UK data transfer “bridging mechanism” expired under the Trade and Cooperation Agreement, the European Commission (EC) adopted two adequacy decisions for the UK to...more
Starting this fall, companies transferring personal data from the European Economic Area (EEA) will likely begin to see a flurry of contract renegotiations. On June 4, 2021, the European Commission adopted long awaited new...more
On June 4, 2021, the European Commission adopted two new sets of standard contractual clauses (SCCs): one for data transfers from data controllers to data processors and one for data transfers from data exporters to data...more
Long-awaited SCCs for EU Data Transfers Adopted by European Commission with 18-month Transition Period - The EU has a cross-border data transfer framework gift for you! On June 4, 2021, the European Commission (“EC”)...more
The final version of the new standard contractual clauses (“SCCs”) were published by the European Commission on June 4, 2021. Many organizations that transfer or receive personal data originating in the European Economic Area...more
The end of the Brexit transition period on 31 December 2020 means the UK now has full autonomy over its data protection policies. As of 1 January 2021 the UK is recognised as a ‘third country’ under EU General Data Protection...more
Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in Data Protection Commissioner v....more
On December 24, 2020, the European Commission and the United Kingdom reached an agreement in principle on the long-awaited Trade and Cooperation Agreement (the “Trade Agreement”). For now, transfers of personal data from the...more
It's a new year and everyone makes resolutions, even the European Data Protection Board (EDPB). In its 2021-2023 strategy, the EDPB sets four pillars and action items associated with them, leaving the bombshell to the very...more
Many in the world have been watching the Brexit deal closely, including privacy lawyers and others who deal with global data transfers. Under the recently-announced deal, a temporary solution will allow companies to continue...more
The UK introduced the free-standing (‘sui generis’) EU database right in 1997. This right gives protection to a maker of a database, where a substantial investment has been made in either obtaining, verifying or presenting...more
As many organizations continue to struggle with the fallout from the July 2020 Schrems II decision from the European Court of Justice (“CJEU”), in November, the European Data Protection Board (“EDPB”) published two pieces of...more
Last week saw major innovations in the law of data transfer from the European Economic Area (EEA) to other countries, including the United States. This alert covers one of them: new guidelines from the European Data...more