News & Analysis as of

Personal Data Schrems I & Schrems II EU Data Protection Laws

Seyfarth Shaw LLP

Surprising Plot Twist: The European Data Protection Supervisor Reprimands the European Union for its use of Microsoft 365

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The European Union (EU)’s government organizations are just like any another entity trying to function in a world where global companies and even government entities are reliant on digital platforms for messaging and...more

Ius Laboris

It’s finally here: adequacy decision on EU-US data transfers

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Data transfers from the EU to the US will now be easier for many companies, following a long-awaited decision from the European Commission. More than a year after the first announcement of the Trans-Atlantic Data Privacy...more

Davis Wright Tremaine LLP

European Commission Approves EU-U.S. Data Privacy Framework, Paving Way for Streamlined Transfers of Personal Data

Swiftly on the heels of the U.S. announcing it fulfilled its commitments for implementing the EU-U.S. Data Privacy Framework (the Framework), the European Commission (the EC) formally recognized that commercial organizations...more

Snell & Wilmer

European Commission Adopts Adequacy Decision for Transatlantic Data Privacy Framework

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After years of uncertainty in the privacy rules governing transfer of data from the EU to the U.S., the new transatlantic data privacy framework has finally been adopted. On July 10, the European Commission formally adopted...more

K&L Gates LLP

GDPR, Cookies, and the Ever-Filling Jar of European Data Protection

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European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022. As the General Data...more

Goodwin

Post Schrems II Guidance: EU Regulators Raise Bar For Global Data Transfers

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On 15 January, 2021, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) adopted a joint opinion (“Joint Opinion”) on the draft new sets of Standard Contractual Clauses (“New...more

Womble Bond Dickinson

ALERT: EU Actively Supports Protectionist Data Localization Policies

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Meet the Euro-crats who think that the European Union needs to behave more like Russia and China. More like Nigeria, Kazakhstan, and Indonesia. These leaders are pushing not just to punish U.S. firms for successfully...more

WilmerHale

EDPB Releases Recommendations for Supplementary Measures for Transfers of Personal Data to Recipients Outside the European Union

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On November 11, 2020, the European Data Protection Board (“EDPB”) released two documents as a follow-up to the Court of Justice of the European Union’s (“CJEU”) notable July 2020 decision, known as Schrems II. These documents...more

White and Williams LLP

Does Schrems II Doom Use of SCCs for EU–US Data Transfers? No Answers and Clouds are Gathering

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It’s been well written that in Case C-311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II), the Court of Justice of the European Union (CJEU) struck down the Privacy Shield, a...more

Wilson Sonsini Goodrich & Rosati

Schrems 2.0: AG Opines That Data Transfers to U.S. Are Valid Under Standard Contractual Clauses

On December 19, 2019, in the Facebook Ireland and Schrems (Schrems 2.0) case, the Advocate General (AG) to the European Court of Justice (ECJ)—European Union's highest court—opined that the EU Standard Contractual Clauses...more

Jones Day

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

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The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more

Dechert LLP

Validity of personal data export mechanism thrown into question

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The Irish High Court recently asked the Court of Justice of the European Union (CJEU) to rule on the validity of “standard contractual clauses” as a basis for transferring personal data out of the European Economic Area...more

Womble Bond Dickinson

Data Transfer Without Safe Harbors

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European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...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?

Foley Hoag LLP on

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

(So) What if there’s no Safe Harbor 2.0?

There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially...more

Cozen O'Connor

Life After Death (of Safe Harbor) – EU Data Protection in the Wake of Schrems

Cozen O'Connor on

One month after the landmark decision in Schrems vs. Data Protection Commissioner (C-365/14), the European Commission (Commission) has issued guidelines, in the form of a Communication, regarding the transfer of personal data...more

McDermott Will & Emery

Safe Harbor Not Binding! European Court of Justice Bares Its Teeth

McDermott Will & Emery on

In its decision on October 6, 2015 (file-no. C-362/14), the European Court of Justice (ECJ) stated that the commonly used Safe Harbor Principles, which were previously deemed to be a safe way to legally transfer data to the...more

Dechert LLP

The EU-U.S. Safe Harbor Decision: Implications for the Asset Management Industry

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In our recent OnPoint, we reported that the Court of Justice of the European Union (CJEU) declared that the “Safe Harbor,” upon which many companies in the EU and U.S. relied to share data both within and outside of their...more

King & Spalding

Agreement “In Principle” On New US-EU Safe Harbor Pact

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The European Union announced on October 26, 2015, that it had reached an agreement “in principle” with the United States on a new transatlantic data-sharing pact—though a final agreement between the parties is likely still...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2015

In this edition of our Privacy & Cybersecurity Update, we discuss what companies need to know in the wake of the EU Court of Justice's rejection of the U.S.-EU Safe Harbor framework and take a look at the following important...more

K&L Gates LLP

Brussels Regulatory Brief: September/October

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On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

BakerHostetler

German Data Protection Authorities Limit Use of Alternative Data Transfer Mechanisms in Light of Safe Harbor Decision

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In the weeks since the October 6, 2015, Court of Justice of the European Union decision (“CJEU Decision”) that invalidated the EU-U.S. Safe Harbor framework, companies have been faced with the quandary of establishing legal...more

Robinson+Cole Data Privacy + Security Insider

EU safe harbor update

Last week, the Vienna Higher Regional Court ruled that most of Max Schrems’ claims against Facebook can proceed, including his claim that Facebook improperly allowed his personal information to be shared with the National...more

Orrick, Herrington & Sutcliffe LLP

Does the Schrems Decision Open the Door to New Cyber Insurance Exclusions?

The shockwaves continue from the October 6, 2015 ruling of the Court of Justice of the European Union (CJEU), the European Union’s highest court, invalidating the U.S.-EU “Safe Harbor” data transfer regime in a controversy...more

Mintz - Privacy & Cybersecurity Viewpoints

EU Round-UP: Safe Harbor 2.0 and Upcoming National Challenges

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

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