Orrick's Cyber, Privacy & Data Innovation and IP Licensing & Technology Transactions groups cover the top 10 things you need to know about the new Standard Contractual Clauses ("SCCs") published today by the European...more
Sweeping statements made in an Executive Order issued five days into the Trump administration have cast doubt on the legal status of the EU-US Privacy Shield and have caused at least one highly-placed EU politician to...more
With the August 1st start of the Privacy Shield, the European Commission’s new and long-awaited transatlantic data transfer agreement with the U.S., businesses that had previously relied on the invalidated Safe Harbor scheme...more
On July 12, 2016, the EU Commission and the U.S. Secretary of Commerce announced the adoption of the EU-U.S. Privacy Shield (Privacy Shield). This announcement follows today's adequacy decision by the College of EU...more
The EU Commission has created model contracts for data transfers (the “Model Contracts”) and determined that organizations which use the Model Contracts offer sufficient safeguards for cross-border data transfer as required...more
As if were any surprise, last Friday, November 6, the EU Commission issued a Communication on the Transfer of Personal Data from the EU to the US, following the Judgment by the Court of Justice in Schrems declaring the Safe...more
On November 6, the European Commission issued a comprehensive Communication on the consequences of the Schrems Judgment of the Court of Justice of the European Union (ECJ). In the Communication, the Commission puts national...more
EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a...more
Over the course of the coming weeks, we will examine the various options available to companies in light of the European Court of Justice’s (CJEU) decision invalidating the US-EU Safe Harbor framework, including model...more
After the October 6, 2015, decision of the CJEU, it is clear that transfers of personal data may no longer take place under the Safe Harbor. This was confirmed with no ambiguity by the Article 29 Working Party (Group 29,...more
With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more
Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a...more
A landmark decision of the European Court of Justice (ECJ) has held that companies may no longer rely on “Safe Harbour” to justify transferring personal data from the European Union to the US, because the US Government has a...more
On October 16, 2015, the body of European data protection regulators (Article 29 Working Party or WP29) issued a statement on the implementation of the judgement of the Court of Justice of the European Union (CJEU) in...more
The so-called “Article 29 Working Party” of EU Data protection officials from the 28 EU member states today released a much-anticipated press release regarding the Court of Justice of the European Union (CJEU) landmark...more
The so called Article 29 Working Party met on October 15, 2015 to discuss the consequences of the Schrems Judgment of the European Court of Justice (ECJ). On October 16, 2015, the Working Party published a Statement...more
Last week Europe's highest court, the Court of Justice of the European Union (CJEEA) declared the Safe Harbor framework invalid. Many life sciences and biotech companies relied on Safe Harbor to legitimise transfers of...more
The Court of Justice of the European Union has issued a landmark judgment in Schrems v Data Protection Commissioner (Case C-362/14) that invalidates the Federal Trade Commission’s (FTC) Safe Harbor Framework. The decision has...more
On October 6, the European Court of Justice ruled that Decision 2000/520 of the European Commission, which stated that Safe Harbor-certified US companies provide adequate protection for personal data transferred to them from...more