News & Analysis as of

FISA EU-US Privacy Shield

Furia Rubel Communications, Inc.

Embracing Data Privacy to Drive Business Growth with Aihong Yu, Chief Privacy Counsel of CDK Global

In this episode of On Record PR, Gina Rubel goes on record with Aihong Yu, Chief Privacy Counsel of CDK Global, to discuss how embracing privacy and security measures…...more

Vinson & Elkins LLP

Mega Fine for Meta: $1.3 Billion Penalty Imposed for Data Privacy Violations

Vinson & Elkins LLP on

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

Fox Rothschild LLP

EDPB Issues Opinion on the EU-US Data Privacy Framework: Key Takeaways

Fox Rothschild LLP on

The European Data Protection Board (EDPB) has issued a long-awaited opinion on the EU-US Data Privacy Framework. Here are some key takeaways: The scope of the exemptions to the adherence to the principles, including on the...more

Benesch

President Biden Enacts New Executive Order On EU-US Data Flow Agreement; EU Adequacy Decision Forthcoming

Benesch on

The Executive Order hopes to address what had been shortcomings in the previous Safe Harbor and Privacy Shield programs that were struck down by EU courts in 2015 and 2020 respectively. On October 7, 2022, President...more

Nelson Mullins Riley & Scarborough LLP

GDPR Update – US and EEA May Have a Deal for “Privacy Shield 2.0”

On Friday, March 25, 2022, US President Joe Biden and European Commission President Ursula von der Leyen jointly announced that a deal has been reached to replace the former Privacy Shield framework governing data transfers...more

Benesch

Google Analytics Ruled Unlawful by Austrian Data Protection Authority Under the GDPR and Schrems II Decision

Benesch on

More, possibly similar decisions are expected in the coming months, throwing cross-Atlantic data transfers and trade into doubt as diplomats seek a Privacy Shield replacement. In late December, the Austrian Data...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Can European Websites use Google Analytics and Similar Services Without Violating the GDPR?

It has been nearly a year and a half since the Schrems II decision issued in July 2020, which invalidated the European Commission’s adequacy decision for the EU-US Privacy Shield Framework. As a result, companies were forced...more

Pillsbury Winthrop Shaw Pittman LLP

The European Data Protection Board (EDPB) Finalises Guidance on International Transfers of Personal Data Following Europe’s Top...

The guidance outlines how organisations should approach international transfers and confirms examples of supplemental measures that can be adopted to ensure ongoing compliance and seeking to de-mystify earlier uncertainty. ...more

Latham & Watkins LLP

New Standard Contractual Clauses and Final EDPB Recommendations - Next Steps

Latham & Watkins LLP on

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

Lathrop GPM

EU Issues New Standard Contractual Clauses for Data Transfers

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The European Union limits the transfer of EU personal data to countries whose privacy regimens are not deemed “adequate,” like the United States. American companies have tended to rely upon Standard Contractual Clauses (SCC)...more

Sheppard Mullin Richter & Hampton LLP

Understanding When to Use Two New Sets of Standard Contractual Clauses Issued by the EU

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

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

Fenwick & West LLP

Keep Your Personal Data Flowing – How to Navigate the Changing Tides of the New EU Guidance and UK-EU Brexit Deal

Fenwick & West LLP on

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

Kilpatrick

The Privacy Shield Sunk, but Is There a Life Raft for the Standard Contractual Clauses? Strategies for Transferring Personal Data...

Kilpatrick on

1. Schrems II requires parties relying on the SCCs to implement additional measures ensuring that transferred personal data is adequately protected. The Schrems II decision did not affirmatively invalidate the SCCs, but...more

Fox Rothschild LLP

Data Transfer Post-Schrems II: FAQ’s From A German Data Protection Authority

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The Data Protection Authority of Rhineland-Palatinate, Germany has issued FAQs on Schrems II, weighing in on the EU-U.S. Privacy Shield and Standard Contractual Clauses. The guidance comes on the heels of FAQs issued recently...more

Eversheds Sutherland (US) LLP

The seismic shift after Schrems II: The future of cross border data flows for the energy and industrial sectors

If you transfer personal data from the EU/UK to countries which lack a so-called “adequacy” determination, like the US or India, or if your trusted service providers do, the Schrems II European Court decision has seismic...more

Foley & Lardner LLP

European High Court Invalidates EU-U.S. Privacy Shield but Upholds Standard Contractual Clauses with Additional Safeguards

Foley & Lardner LLP on

On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its anxiously-awaited judgment in the Schrems II case. The CJEU’s decision upheld the Standard Contractual Clauses (SCCs) but, somewhat surprisingly,...more

Fox Rothschild LLP

Ten Tips For Handling EU-US Data Transfers Post Schrems II

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In a landmark decision in what is popularly known as the "Schrems II" case, the Court of Justice of the European Union invalidated the EU-U.S. Privacy Shield, the framework that facilitated the transfers of personal data from...more

WilmerHale

EU High Court Strikes Down Privacy Shield, Standard Contractual Clauses Remain in Place

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The European Court of Justice (the “Court”) issued the long-awaited “Schrems II” decision. (see Facebook Ireland Ltd. v. Maximillian Schrems).   In its decision, the Court (1) struck down the Privacy Shield program that...more

Pillsbury Winthrop Shaw Pittman LLP

Privacy Shield: The International Data Transfer Scheme Struck Down

Trans-Atlantic transfer scheme relied on by thousands of EU and U.S. organisations to transfer personal data from the EU to the U.S. deemed invalid by the Court of Justice of the European Union (CJEU). Privacy Shield has...more

Mintz - Privacy & Cybersecurity Viewpoints

EU Commission Confirms that Privacy Shield Survives its First Annual Review

As was generally expected from informal comments by EU representatives, Privacy Shield has survived its first annual review. Commissioner Jourova stated: “Our first review shows that the Privacy Shield works well, but there...more

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