News & Analysis as of

Schrems I & Schrems II Binding Corporate Rules US-EU Safe Harbor Framework

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

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

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

Jones Day on

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

Katten Muchin Rosenman LLP

An Irish Court Clouds the Future of EU Data Transfers: The Luck of the Model Clauses May Be Done

There was a new and potentially significant development this week in the Irish courts that could mark the start of a fundamental change in the field of privacy law and the transfer of personal data from the European Union to...more

McCarter & English, LLP

Shield, Sword or Plough Ahead? Approval of New EU Privacy Shield Forces a Decision

When the European Court of Justice first invalidated the Safe Harbor we recommended here that, for most companies, staying the course by implementing general data security best practices was probably the right thing to do...more

Wilson Sonsini Goodrich & Rosati

The EU-U.S. Privacy Shield Is Adopted and Available as of August 1, 2016

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

Poyner Spruill LLP

Just When You Thought it was Safe to Go Back in the Water: Brexit Creates Additional Uncertainty in Trans-Atlantic Privacy...

Poyner Spruill LLP on

In October 2015, the European Court of Justice invalidated the US-EU Safe Harbor Program in the landmark Schrems v. Data Protection Commissioner decision. The Safe Harbor was a 15-year old program that had allowed American...more

Womble Bond Dickinson

Data Transfer Without Safe Harbors

Womble Bond Dickinson on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

European Commission and U.S. Department of Commerce Publish Details Regarding the EU-US Privacy Shield

On February 29, 2016, the European Commission (EC) and U.S. Department of Commerce (DOC) published a series of documents providing details for the implementation of the new EU-US Privacy Shield framework for the transfer of...more

Morgan Lewis

European Commission Releases Details of New EU-US Privacy Shield

Morgan Lewis on

The new EU-US Privacy Shield seeks to address the European Court of Justice’s criticisms in Schrems after the decision invalidated the Safe Harbor program for EU-US data transfers. On February 29, the EU Commission...more

Eversheds Sutherland (US) LLP

EU-US Privacy Shield: European Union and U.S. Reach Agreement in Principle for New Data Transfer Framework – But Uncertainty...

On February 2, 2016, the European Commission (EC) and the U.S. Department of Commerce (Commerce) announced that they had reached agreement on a new data transfer safe harbor arrangement for the transfer of personal data from...more

Latham & Watkins LLP

Proposal of EU-US Privacy Shield Leaves Businesses in State of Uncertainty

Latham & Watkins LLP on

Earlier this week, the European Commission announced that a “political” agreement has been reached on a new framework for data flows from the EU to the US. The announcement highlights a few changes from the old Safe Harbor...more

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

February 3, 2016 Statement of the Article 29 Working Party on the Consequences of the Schrems Judgment

In response to the announcement of the EU-U.S. Privacy Shield, the Article 29 Working Party issued its own statement, the key elements of which are as follows...more

Wilson Sonsini Goodrich & Rosati

EU Data Protection Authorities Issue Statement Following Agreement on EU-U.S. Privacy Shield

On February 3, 2016, the body of European data protection regulators—called the "Article 29 Working Party" (WP29)—issued a statement following the announcement of a political agreement regarding a new transatlantic data...more

Morrison & Foerster LLP

Opinion of Prof. Lokke Moerel of Morrison & Foerster on the impact of the ECJ Safe Harbor Decision on the alternative transfer...

Crucial decision by Working Party 29 expected February 3, 2016 on validity of Standard Contractual Clauses and Binding Corporate Rules for data transfers to U.S. Following the judgement of the European Court of Justice...more

Mintz - Privacy & Cybersecurity Viewpoints

EU update: Safe Harbor 2.0 deadline passes without agreement; Art. 29 WP views on BCRs and model clauses expected February 3, 2016

No news is not good news this time. The January 31 deadline for getting a new Safe Harbor Agreement in place came and went last weekend. Commissioner Jourova, who is leading the Safe Harbor 2.0 negotiations for the EU,...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

Sheppard Mullin Richter & Hampton LLP

The Schrems Decision: How the End of Safe Harbor Affects Your FCPA Compliance Plan

Like a needle to a balloon, the Schrems decision has drastically altered the data privacy landscape. Who is affected? Everyone – consumers, corporations, employees. But who needs to take action? Any company with offices in...more

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