News & Analysis as of

Schrems I & Schrems II Court of Justice of the European Union (CJEU)

Hogan Lovells

Transfer Impact Assessments: the CNIL is seeking public input on TIA guide

Hogan Lovells on

On January 8, 2024, the CNIL launched a public consultation on a draft guide (Draft Guide) covering Transfer Impact Assessments (TIA). Under GDPR, as interpreted by the Court of Justice of the European Union (CJEU) and...more

Hogan Lovells

Member of French Parliament lodges first request for annulment of EU-US Data Privacy Framework

Hogan Lovells on

P. Latombe, who is not only a Member of the French Parliament, but also seated at the French Data Protection Authority (CNIL)'s Commission, lodged a request for annulment of the DPF on 6 September 2023 before the Court of...more

Seyfarth Shaw LLP

Adequacy for the US (kind of) – But What Are the Side Effects?

Seyfarth Shaw LLP on

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-UD Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will...more

Bond Schoeneck & King PLLC

Data Transfers Permitted Across the Pond via New EU-U.S. Data Privacy Framework

On July 10, 2023, the European Commission adopted its adequacy decision on data transfers for the EU-U.S. (European Union/United States) Data Privacy Framework (DPF). The adequacy decision concluded that the United States...more

Bass, Berry & Sims PLC

Is the Third Time the Charm? The EU-US Data Privacy Framework

Bass, Berry & Sims PLC on

On July 10, the European Commission issued an adequacy decision on the EU-US Data Privacy Framework (DPF), ensuring adequate protection for personal data transferred from the European Union to the United States. This decision...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

Constangy, Brooks, Smith & Prophete, LLP

European Commission Adopts EU-U.S. Data Privacy Framework Adequacy Decision  

On July 10, 2023, the European Commission (“EC”) adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). Nearly three years after the Court of Justice of the European Union (“CJEU”)...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

Fox Rothschild LLP

Ireland’s Data Protection Commission and Meta: What You Need to Know

Fox Rothschild LLP on

Ireland’s Data Protection Commission has fined Meta Ireland 1.2 billion EUR. While you have probably heard about that, there is much, much more to this case and the larger Schrems II cross border saga. Here is what you...more

HaystackID

Data Privacy Laws and Blocking Statutes: Five Practical Strategies for Counsel

HaystackID on

Background Note: Data privacy has become a critical issue in the digital era, with laws and regulations constantly evolving. As a result, it’s important for cybersecurity, information governance, and legal discovery...more

A&O Shearman

Does the ICO's new TRAnsfer risk assessment tool offer a pragmatic solution to the Schrems II dilemma?

A&O Shearman on

Hailed as an alternative approach to the EDPB’s transfer impact assessment, the ICO, with its updated international transfer guidance and its new TRA tool, aims to empower innovation and growth whilst protecting personal...more

BCLP

One Step Closer to the new EU-US Data Privacy Framework

BCLP on

Two and a half years after the Schrems II decision invalidated the EU-US Privacy Shield, the EU and US are inching closer to a replacement data transfer mechanism for EU to US personal data transfers. On 13 December 2022, the...more

WilmerHale

European Commission Announces Draft U.S. Adequacy Decision

WilmerHale on

On December 13, 2022, the European Commission initiated the process to adopt an adequacy decision for the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The draft adequacy decision follows President Biden’s October Executive...more

Hogan Lovells

Hamburg DPA issues optimistic stance on Executive Order for EU-U.S. Data Privacy Framework

Hogan Lovells on

The Data Protection Authority (“DPA”) of the German state Hamburg is one of the first European DPA to publish an optimistic assessment on the U.S. Executive Order on “Enhancing Safeguards for United States Signals...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2022

In this month’s Privacy & Cybersecurity Update, we examine President Biden’s executive order to implement an EU-U.S. data privacy framework, the European Commission’s draft Cyber Resilience Act, the U.S. Treasury’s request...more

Robinson+Cole Data Privacy + Security Insider

Biden’s Executive Order Implementing New EU-U.S. Data Privacy Framework to Replace Privacy Shield

President Biden recently signed an executive order establishing the implementation of the new EU-U.S. Data Privacy Framework, which would provide for the possibility of the lawful transfer of personal data from the European...more

Orrick, Herrington & Sutcliffe LLP

6 Things to Know About the New EU-U.S. Data Privacy Framework

In early October, the United States (“U.S.”) and European Union (“EU”) came one step closer to the much-awaited new EU-US Data Privacy Framework (the “Framework”), designed to facilitate transatlantic data flows between the...more

Kilpatrick

5 Key Takeaways - How GDPR has Impacted American Companies and the Future of Transatlantic Data Transfers

Kilpatrick on

The European Union’s General Data Protection Regulation (“GDPR”) marked a turning point in privacy and data protection practices globally and transformed how American companies approach the protection of personal data....more

Fenwick & West LLP

Reviving the Privacy Shield? New US Executive Order Seeks Reinstatement of Privacy Shield for EU-US Data Transfers

Fenwick & West LLP on

There is new hope for companies that transfer data from Europe to the United States that the return of a less administratively burdensome mechanism is on the horizon...more

Perkins Coie

President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy...

Perkins Coie on

President Biden issued an executive order (EO) increasing protections and safeguards for personal data subject to signals intelligence activities. It also establishes a redress mechanism for residents of qualifying states who...more

WilmerHale

Update on the EU-US Data Privacy Framework

WilmerHale on

On October 7, 2022, President Biden signed an Executive Order (“EO”) implementing the new trans-Atlantic EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF, previously announced by President Biden and the...more

Balch & Bingham LLP

President Biden Issues Executive Order on Signals Intelligence to Implement EU-US Data Privacy Framework

Balch & Bingham LLP on

On October 7, 2022, President Biden signed an Executive Order on Enhancing Safeguards for United Sates Signals Intelligence Activities. The order aims to address concerns expressed by the Court of Justice of the European...more

Wiley Rein LLP

Executive Order on EU-U.S. Data Sharing Signed

Wiley Rein LLP on

On October 7, 2022, President Biden signed the Enhancing Safeguards for United States Signals Intelligence Activities Executive Order (Executive Order or EO), which implements the EU-U.S. Data Privacy Framework (EU-U.S. DPF)....more

Goodwin

President Biden Signs “Privacy Shield” Executive Order to Address European Concerns Over Surveillance Practices in the United...

Goodwin on

On October 7, 2022, President Biden signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities,” establishing new privacy safeguards and oversight mechanisms for foreign intelligence...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

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