On October 11, 2024, the Supreme Court of Canada (the SCC) rendered a decision clarifying the corporate attribution doctrine in the bankruptcy and insolvency context. Aquino v. Bondfield Construction Co.1 involved a dispute...more
This year’s Virginia General Assembly was a packed session with several important pieces of legislation under consideration to further Virginia’s energy transition. Register for our annual webinar where we will provide an...more
This briefing is a part of a Walkers series on the Data Protection (Bailiwick of Guernsey) Law, 2017 (the "DPL"), and deals with the transfer of personal data outside Guernsey. A "data transfer" occurs when an individual's...more
Sweden is no stranger to innovations – from energy, to furniture, to music – and international arbitration is no exception. Indeed, the SCC Arbitration Institute (SCC) proudly refers to itself as the one of the leading...more
On July 10, 2023, the European Commission adopted its adequacy decision for the EU-US Data Privacy Framework (DPF). The decision concluded that the United States does ensure an adequate level of protection for transferring...more
On 10 July 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (the DPF). With immediate effect, the adequacy decision provides a new lawful basis for transfers from...more
Cost and delay remain the two areas of greatest concern to parties in arbitration. A particular source of frustration is that it can sometimes take many months for arbitrators to deliberate and issue an award. As a result, we...more
On February 24, 2023, the Cyberspace Administration of China ("CAC") released the final version of the Measures on the Standard Contract for the Cross-border Transfer of Personal Information ("SCCs Measures") along with the...more
Companies relying on the SCCs as a data transfer tool have less than a month to update their existing contracts (if they haven’t done so already). WHAT HAPPENED? The EU General Data Protection Regulation (GDPR) allows...more
Deadline to adopt EU Standard Contractual Clauses - Many organizations uses the European Union’s Standard Contractual Clauses (SCCs) to govern their transfers of personal data from the European Economic Area (EEA) to other...more
The Swiss government has drafted a proposed list of countries that are approved to receive personal data transfers out of Switzerland. Japan and South Korea are excluded from the current and proposed lists, requiring...more
Several potential options are available to developers when permitting energy storage projects in Virginia. The Virginia State Corporation Commission (SCC) adopted Regulations Governing the Deployment of Energy Storage...more
Two new United Kingdom (“UK”) data transfer mechanisms, the International Data Transfer Agreement (“IDTA”) and the International Data Transfer Addendum (“UK Addendum”) to the European Union’s (“EU”) new standard contractual...more
Do you transfer or receive personal data from the United Kingdom? If so, there are some important developments in the UK to factor into your data protection compliance program. In a major change of policy, some organizations...more
Businesses today are data driven and data dependent, but the rules that govern how data can be used and shared across borders are becoming increasingly tricky for international organizations to navigate, subject to constantly...more
Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time of an employee’s...more
Das Portal fragdenstaat.de (Link) hat einen Fragebogen der Hamburgischen Datenschutzbehörde veröffentlicht, mit Hilfe dessen die Behörde die Umsetzung des Schrems-II-Urteils exemplarisch am Einsatz von Office 365 überprüft....more
On 12 November 2020, the European Commission (Commission) published a draft Implementing Decision on standard contractual clauses for the transfer of personal data to third countries pursuant to the EU General Data Protection...more
Background - Six years ago, in Bhasin v. Hrynew (“Bhasin”), the Supreme Court of Canada (“SCC”) recognized a contractual duty of honest performance.[1] On December 18, 2020, the SCC released its decision in CM Callow Inc. v....more
Background - On October 23, 2020, the Supreme Court of Canada (“SCC”) released its decision in The Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corporation (“Crystal Square”), an appeal about whether a...more
One of the methods US and EU companies rely on most frequently for the transfer of personal data from the EU to the US are standard contractual clauses. For the method to be acceptable as a valid basis for transfer of...more
Last week saw major innovations in the law of data transfer from the European Economic Area (EEA) to other countries, including the United States. This alert covers one of them: new guidelines from the European Data...more
Welcome to the inaugural edition of Morrison & Foerster’s quarterly newsletter on recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may affect Japanese companies. ...more
The Data Protection Authority of Rhineland-Palatinate, Germany has issued FAQs on Schrems II, weighing in on the EU-U.S. Privacy Shield and Standard Contractual Clauses. The guidance comes on the heels of FAQs issued recently...more
The fallout from the Schrems II judgment continued on Tuesday with an announcement from Switzerland’s Federal Data Protection and Information Commissioner (FDPIC) that the Swiss-US Privacy Shield regime “does not provide an...more