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National Security EU-US Privacy Shield

White & Case LLP

US and EU Approve Framework for Personal Data Transfers

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The United States ("U.S.") and the European Union ("EU") have settled on a framework for transfers of personal data for the first time since the European Court of Justice ("CJEU") effectively invalidate the EU-U.S. Privacy...more

Dechert LLP

Ready. Set. Flow: Green Light from the Commission for EU-U.S. Data Privacy Framework

Dechert LLP on

On 10 July 2023, the European Commission announced a major development1 in EU-U.S. personal data transfer relations by adopting a long-anticipated adequacy decision2 for the EU-U.S. Data Privacy Framework (“DPF”). The...more

Sheppard Mullin Richter & Hampton LLP

Where Do We Stand?: EU to US Data Transfers

The process for data transfers from the EU to the US under Standard Contractual Clauses has been back in the news recently, leading many to ask: will the proposed EU-US Data Privacy Framework be approved by the Europeans...more

Woods Rogers

Meta Fined €1.2 Billion in Facebook Data Privacy Case: Should US Companies Be Concerned?

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It has been a long time coming, but the other shoe has finally dropped. Ireland’s Data Protection Commission (DPC) fined Meta Platforms Ireland (parent of Facebook Ireland) €1.2 billion, the highest fine to date under the...more

BCLP

Is Privacy Shield 2.0 on the Horizon?

BCLP on

On October 7, President Joe Biden signed an Executive Order (EO) on Enhancing Safeguards for United States Signals Intelligence Activities, which is intended to move forward next steps in the EU US Privacy Shield Framework...more

Paul Hastings LLP

Another Step Forward to Implementing the European Union – U.S. Data Privacy Framework

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On October 7th, the long-awaited Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities was signed by U.S. President Joe Biden (Fact Sheet located here). The Executive Order directed the...more

Wilson Sonsini Goodrich & Rosati

President Biden Signs Executive Order to Implement the New EU-U.S. Data Privacy Framework

On October 7, 2022, President Biden signed an Executive Order (Order) on Enhancing Safeguards for United States Signals Intelligence Activities. This marks the latest step towards the new EU-U.S. Data Privacy Framework...more

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

Biden Signs Executive Order Implementing Privacy-Shield Replacement for EU-US Data Transfers

Today, October 7, 2022, President Joe Biden signed an executive order implementing a new privacy framework for data being shared between Europe and the United States. The new framework is called the “Trans-Atlantic Data...more

Foley Hoag LLP - Security, Privacy and the...

New Privacy Shield Framework in the Works, Favoring Continuity Over Change for Businesses

President Biden and EU leaders announced on March 25, 2022 an agreement in principle to craft a replacement for the Privacy Shield and expand options for trans-Atlantic data transfers in accordance with the General Data...more

Tarter Krinsky & Drogin LLP

The U.S. and the EU Reach an Agreement in Principle on Data Transfer

The U.S. and the European Commission (EC) took an important step towards a new data transfer framework as President Biden and EC President Ursula von der Leyen jointly announced on March 25 that an agreement in principle had...more

Health Care Compliance Association (HCCA)

EU decision to invalidate Privacy Shield poses ethical questions

ethikos 34, no. 11 (November 2020) - The European Court of Justice’s decision in July to invalidate the mechanism by which data was transferred between the European Union (EU) and the United States is primarily a question...more

Jones Day

End of the EU's Data Retention Saga? CJEU Clarifies Conditions for State Surveillance Regimes

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The Situation: On October 6, 2020, the Court of Justice of the European Union ("CJEU") held that the national security laws of the United Kingdom, France, and Belgium, which each require that providers of electronic...more

Womble Bond Dickinson

Irish Data Case Against Facebook Could Complicate All Data Transfers to the US

Womble Bond Dickinson on

Will the EU finally deny the right to transfer any personal data from its shores to the United States? Its privacy decisions have been inching closer to this determination for years, and an Irish case against Facebook may tip...more

Womble Bond Dickinson

The Logical Conclusion to an Illogical Conclusion: Schrems May Forbid Data Commerce from the EU to the US

Womble Bond Dickinson on

The world just received the newest pronouncement from the EU Court of Justice, in a decision known as Schrems II, and the legal opinion extends the data war declared on the United States in the first Schrems decision....more

Foley Hoag LLP

Privacy Shield No Longer Viable Basis for EU-US Data Transfers

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On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under...more

Mintz - Privacy & Cybersecurity Viewpoints

Privacy Shield Invalidated by Top EU Court; Standard Contractual Clauses Upheld (But There Are Still Major Challenges Ahead)

Organizations that transfer personal data from the European Union on the basis of the EU Commission-approved Standard Contractual Clauses (SCCs) may be breathing a sigh of relief on hearing that the SCCs have been upheld by...more

Mintz - Privacy & Cybersecurity Viewpoints

Do you transfer personal data from the EU to the US? Important Decision due July 16

Does your organization transfer personal data from the European Union to the US? If so, keep an eye out for a key decision on July 16 from the EU’s top court, the Court of Justice of the European Union. The Schrems II case...more

Akin Gump Strauss Hauer & Feld LLP

Major Boost for Standard Contractual Clauses Challenged by the Schrems 2.0 Case, but More Uncertainty for the Privacy Shield

We reported in July 2019 that the Court of Justice of the European Union (CJEU) heard a case brought by privacy-rights activist Max Schrems, challenging the validity of Standard Contractual Clauses (SCCs), which are widely...more

WilmerHale

The European Data Protection Board’s Second Report on the EU-U.S. Privacy Shield

WilmerHale on

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities, and the European Data Protection Supervisor, adopted its report on the second annual review of the...more

King & Spalding

EU-U.S. Privacy Shield Under Fire

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On June 12, 2018, following its extraordinary meeting the day before in Strasbourg, the European Parliament’s Civil Liberties, Justice and Home Affairs Committee (“LIBE”) called on the European Commission (“Commission”) to...more

Alston & Bird

European Parliament’s Civil Liberties Committee Targets EU-U.S. Privacy Shield, Cloud Act

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On June 12, 2018, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) passed a resolution calling on the European Commission to suspend the EU-U.S. Privacy Shield unless the U.S. fully...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 16

Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

Foley & Lardner LLP

Cybersecurity and the New Trump Administration: Your Top Ten Questions Answered

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Since President Trump’s inauguration, cybersecurity has been in the news almost daily – often on the front page. The U.S. Government is facing a wide array of challenges in cybersecurity, impacting both domestic and foreign...more

Foley Hoag LLP

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

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Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

Mintz - Privacy & Cybersecurity Viewpoints

Commission Press Release and FTC Fact Sheet outlines the new EU-US “Privacy Shield”

The European Commission has issued a press release that gives an outline of some key changes to the EU-US safe harbor, now dubbed the “Privacy Shield.” The new accord still needs to be reviewed by the Article 29 Working...more

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