News & Analysis as of

FISA Personal Data

Latham & Watkins LLP

Irish Data Protection Commission Orders Meta Ireland to Suspend Facebook Data Transfers to the US and Imposes Record GDPR Fine of...

Latham & Watkins LLP on

The final decision of the Irish Data Protection Commission (IDPC) in relation to the transfers of EU/EEA Facebook user data by Meta Platforms Ireland Limited (Meta Ireland) to its processor, Meta Platforms, Inc., in the US...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

Stikeman Elliott LLP

Transferring Data from the EU: What to Take Away from the Recent Google Analytics GDPR Rulings

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Companies using Google Analytics (“Analytics”) or similar platforms may be interested in recent rulings of several European data protection authorities that found Analytics data transfers to the U.S. to be non-compliant with...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

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

BCLP

German DPAs launch audit of international data transfers after Schrems II

BCLP on

According to a press release of the data protection authority (DPA) of Lower Saxony earlier this month, nine German DPAs will participate in a coordinated audit of companies in Germany regarding their transfers of personal...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

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

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

Foley & Lardner LLP

European Data Protection Board Issues Recommendations for Exports of Personal Data From the European Economic Area

Foley & Lardner LLP on

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

Hogan Lovells

U.S. Government issues white paper regarding EU-U.S. personal data transfers

Hogan Lovells on

The U.S. Department of Commerce (DOC), Department of Justice (DOJ), and the Office of the Director of National Intelligence (ODNI) jointly issued a White Paper containing information about privacy protections under U.S. law...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

WilmerHale

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

WilmerHale on

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

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