News & Analysis as of

Schrems I & Schrems II Binding Corporate Rules Privacy Laws

BCLP

International Data Flows - How to Prepare for the New EU SCCs

BCLP on

The last few years have witnessed remarkable changes in the privacy world.  The GDPR, the CCPA, the invalidation of the EU-US Privacy Shield framework and the related obligations resulting from the Schrems II decision - to...more

ArentFox Schiff

Schrems II and the Possibility of a Privacy Shield Successor: Will History Repeat Itself?

ArentFox Schiff on

Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final -...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

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

Privacy Shield: We've Lost the EU but We've Still Got Switzerland!

In the wake of the Schrems II decision invalidating the the EU-US Privacy Shield, the US Department of Commerce has decided it should make lemonade out of the Schrems lemons. The Department recently issued a set of FAQs,...more

Foley & Lardner LLP

EDPB Issues FAQ After Schrems II, EU Regulators Provide Conflicting Interpretations and Guidance

Foley & Lardner LLP on

Still grappling with the aftershocks of the Schrems II decision from the CJEU on July 16 (we previously discussed the Schrems II decision here), the European Data Protection Board (“EDPB”) has issued a Frequently Asked...more

McDermott Will & Emery

Special Report - Schrems II: What Does the CJEU’s Decision Mean for Transfers from the EEA to the US?

McDermott Will & Emery on

In our Schrems II Practical Guidance special reports, members of McDermott’s internationally recognized Global Privacy & Cybersecurity group have outlined practical guidance and next steps to ensure your business is prepared...more

Dechert LLP

Schrems II: SCCs Valid (in Principle), Privacy Shield Struck Down – Time for Action

Dechert LLP on

Key Takeaways - The EU-U.S. Privacy Shield does not ensure an adequate level of protection of personal data and is therefore not a lawful basis for data transfers to the U.S....more

Skadden, Arps, Slate, Meagher & Flom LLP

Schrems II: EU-US Privacy Shield Struck Down, but European Commission Standard Contractual Clauses Survive

On July 16, 2020, the Court of Justice of the European Union (CJEU) struck down the EU-U.S. Privacy Shield as a valid mechanism for transferring personal data from the European Economic Area (EEA) to the United States...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

K&L Gates LLP

Brussels Regulatory Brief: September/October

K&L Gates LLP on

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

BakerHostetler on

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

Stinson LLP

EU Strikes Down the Safe Harbor Framework for Transatlantic Data Transfers: What You Should Know and What to Do Next

Stinson LLP on

The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor...more

Orrick, Herrington & Sutcliffe LLP

EU Working Party Issues Statement on CJEU’s Invalidation of Safe Harbor Framework

The European Court of Justice’s (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more

Orrick, Herrington & Sutcliffe LLP

EU Working Party Issues Statement on CJEU's Invalidation of Safe Harbor Framework

The European Court of Justice's (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more

Gray Reed

Why You Care The E.U. Struck Down Safe Harbor Data Protection And What to Do About it [Updated]

Gray Reed on

Earlier this month the Court of Justice of the European Union struck down the EU-U.S. Safe Harbor Framework which previously provided U.S. companies comfort in that they could follow the framework and know they were not...more

BakerHostetler

What Now? What Next? FAQs and Answers Regarding the Safe Harbor Decision

BakerHostetler on

As we discussed in our blog post last week, on October 6, 2015, the Court of Justice of the European Union issued a judgment that invalidated the EU-U.S. Safe Harbor Framework. For the past 15 years, thousands of companies...more

BakerHostetler

EU High Court Invalidates Safe Harbor Framework for Cross-Border Data Transfers

BakerHostetler on

On October 6, 2015, the Court of Justice of the European Union (CJEU) issued a highly anticipated judgment that has the potential to impact how thousands of companies transfer data from the EU to the United States. The...more

Ballard Spahr LLP

Court of Justice of the European Union Invalidates U.S. Safe Harbor Framework

Ballard Spahr LLP on

The Court of Justice of the European Union (CJEU) has held that the EU Commission's decision establishing the Safe Harbor data transfer framework is invalid because the Commission failed to determine that the protection...more

Sheppard Mullin Richter & Hampton LLP

EU Court Rejects “Safe Harbor” Agreement Permitting Customer Data Transfers to U.S.

The European Court of Justice (ECJ) has struck down the 15-year-old “Safe Harbor” agreement that permitted companies operating in Europe to transmit personal user data to the United States, as long as the U.S. ensures an...more

Arnall Golden Gregory LLP

European Court of Justice Invalidates Safe Harbor Adequacy Finding: Organizations Should Re-evaluate Their Basis for EU-US Data...

On October 6th, the European Court of Justice (ECJ) issued its opinion in Schrems v. Data Protection Commissioner (C-362/14), a case which, among other things, challenged the validity of the European Commission’s 2000 finding...more

Baker Donelson

Uncertainty Abounds After EU High Court Invalidates EU-U.S. Safe Harbor Framework

Baker Donelson on

On October 6, 2015, the Court of Justice of the European Union declared invalid the more than 15-year-old EU-U.S. Safe Harbor Framework. Thousands of U.S. businesses have complied with, and thus relied upon, the Safe Harbor...more

K&L Gates LLP

Did the ECJ Kill the Safe Harbor Framework on E.U.-U.S. Data Transfers?

K&L Gates LLP on

On October 6, 2015, the European Court of Justice (“ECJ”) ruled in the “Schrems” case that the U.S.-EU Safe Harbor framework on the transfer of personal data from Europe to the United States, was invalid. ...more

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