News & Analysis as of

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

Hogan Lovells

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

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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

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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

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

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

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

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

A&O Shearman

International – noyb publishes open letter on the future of EU-US data transfers

A&O Shearman on

On 23 May 2022, the data privacy activist group ‘none of your business’ (noyb) published an open letter on the planned EU-US data transfer deal. ...more

Kilpatrick

Guarded Optimism on EU-US Data Transfers: The EU and US Announce Trans-Atlantic Data Privacy Framework

Kilpatrick on

The EU and US recently announced that they have reached “an agreement in principle” on a new framework to enable EU-US data transfers following the highly impactful EU ruling that dismantled the prior Privacy Shield...more

A&O Shearman

EU – EDPB comments on the upcoming EU-US Trans-Atlantic Data Privacy Framework

A&O Shearman on

On 6 April 2022, following the announcement of the political agreement on a new EU-US Trans-Atlantic Data Privacy Framework having been reached between the European Commission and the United States on 25 March 2022, the...more

Vinson & Elkins LLP

Patchworking Data Protection Regimes: UK Adopts New Data Transfer Mechanisms Post-Brexit and Schrems II

Vinson & Elkins LLP on

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

Orrick, Herrington & Sutcliffe LLP

The United States and European Commission Announce a New Trans-Atlantic Data Privacy Framework

The United States ("U.S.") and the European Commission ("EU Commission") recently announced an “agreement in principle” to develop a new Trans-Atlantic Data Privacy Framework (“Framework”). The Framework is intended to...more

A&O Shearman

Further details revealed about the upcoming EU-US Trans-Atlantic Data Privacy Framework fact sheets

A&O Shearman on

We informed you in last week’s Update about a joint statement of EU and US leaders on 25 March 2022 that that the US Government and the European Commission had decided to ''intensify negotiations on an enhanced EU-US Privacy...more

Goodwin

U.S. And EU Reach Political Agreement on a New Trans-Atlantic Data Privacy Framework: The Implications for Businesses

Goodwin on

On 25 March 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the U.S. and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for...more

Troutman Pepper

US and Europe Issue Joint Statement Announcing Agreement on New Trans-Atlantic Data Privacy Framework to Replace EU-US Privacy...

Troutman Pepper on

On March 25, a huge sigh of relief was heard from businesses and organizations located throughout the United States and Europe after the U.S. and European Commission announced their agreement in principle on a new...more

Orrick, Herrington & Sutcliffe LLP

The Austrian Data Protection Authority Ground-breaking Google Analytics Decision: Analysis and Key Takeaways

The Austrian data protection authority (Österreichische Datenschutzbehörde; Austrian DPA) recently ruled that the use of Google Analytics violated Chapter V (transfers of personal data to third parties) of the EU General Data...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - December 2021

In this month’s Privacy & Cybersecurity Update, we review the TSA’s new cybersecurity requirements for critical U.S. infrastructure, the White House OMB’s new guidance on cyber incident reporting procedures and the U.S.-U.K....more

Orrick, Herrington & Sutcliffe LLP

6 Key Things to Know about the new EDPB Guidance on International Data Transfers

On November 19, 2021, the European Data Protection Board (“EDPB”) issued draft guidance on the interplay between Article 3 of the General Data Protection Regulation (“GDPR”) and the provisions on international transfers...more

Goodwin

Europe OPTS for Pragmatism with New SCCS and ICO Opens Consultations on UK SCCS — What Companies Need to Do Next

Goodwin on

The dust has settled on the new EU standard contractual clauses for cross-border data transfers (“New SCCs”), but confusion still reins on how the New SCCs cover data transfers and what companies need to do to take advantage...more

Latham & Watkins LLP

New Standard Contractual Clauses and Final EDPB Recommendations - Next Steps

Latham & Watkins LLP on

Companies have three months to prepare to use the latest standard contractual clauses for new data transfers, and 18 months to migrate existing arrangements. On 4 June 2021, the European Commission released its...more

Hogan Lovells

International data transfers under scrutiny: German DPAs launch joint multi-state audits

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At the beginning of the year, the German data protection authorities (DPAs) announced that they would take joint action to enforce the decision of the European Court of Justice (ECJ) in the "Schrems II" case. On June 1,...more

Fox Rothschild LLP

German Data Protection Authorities Want To Know What Companies Are Doing With Customer Data

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Several German Data Protection Authorities commence independent investigation of cross border transfers of personal data in violation of Schrems II...more

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