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
On 29 March 2019, the UK will formally leave the EU unless an extension, or a negotiated solution, is agreed between the UK and the European Commission. There is currently no agreement regarding the UK's status from a data...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
As employers catch their breaths after an action-packed 2016, they need to gear up for another turbulent year for international data privacy issues in 2017. The top five international data privacy issues follow....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
U.S. organizations that collect, receive, handle, or process EU citizens' personal data are generally subject to EU privacy and data protection laws. With the loss of the "Safe Harbor" data transfer framework in October...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
On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use...more
On April 13, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued its opinion on the new EU-U.S. Privacy Shield.1 The WP29 acknowledged that progress has been made with...more
In a development eagerly anticipated by businesses on both sides of the Atlantic, the European Commission has published the legal instruments needed to put in place the “EU-U.S. Privacy Shield” for transfers of personal data...more
Today, the U.S. Department of Commerce (DOC) released the full text of the new transatlantic data transfer agreement with the European Union (EU). The new framework, known as the EU-US Privacy Shield, was agreed to in early...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
On November 6, 2015, the European Commission released a widely-anticipatedCommunication assessing the impact of the judgment of the European Court of Justice (“ECJ”) in the Schrems case (C-362/14), which invalidated the...more
On 6 November 2015, The EU Commission published a communication addressed to the European Parliament and the EU Council, in an attempt to reduce current legal uncertainties surrounding the transfer of personal data from...more
With EU-U.S. data transfer scheme Safe Harbor being found to be “invalid” recently by Europe’s top court, pressure has increased on U.S. and EU officials to put aside differences and see if an alternative 2.0 scheme could be...more
Following the landmark judgment of the CJEU on 6 October 2015, which declared the U.S.-EU Safe Harbor scheme invalid and allowed national supervisory authorities to evaluate whether an adequate level of protection is provided...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
On Monday, October 26, European Union Justice Commissioner Vera Jourová delivered a speech before the European Parliament in which she noted that the European Union and the United States had agreed “in principle” on a new...more
An early Position Paper of the German data protection authority of Schleswig-Holstein on the Schrems Judgment of the Court of Justice of the European Union (ECJ) gave little hope for practical alternatives to Safe Harbor. On...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
Following a September 23, 2015 opinion by Advocate General (AG) Bot that the US-EU Safe Harbor framework, which provided for the "safe" transfer of personal data from the EU to the US, did not provide sufficient guarantees...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