News & Analysis as of

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

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

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

Wiley Rein LLP

EU and U.S. Reach Agreement in Principle on New Data Privacy Framework for EU-U.S. Data Transfers

Wiley Rein LLP on

The European Union (EU) and United States have reached a “deal in principle” to establish a new Trans-Atlantic Data Privacy Framework (Framework), which is meant to foster the exchange of data between the EU and U.S. This new...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

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

The U.S. and EU Announce an “Agreement in Principle” to Replace the EU-U.S. Privacy Shield Framework: What Employers Need to Know

On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck...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

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

Ankura

11 Months After Schrems II - How Are Organizations Addressing Risk?

Ankura on

Organizations are closely tracking which of their vendors previously relied on Privacy Shield. Separately, they are preparing Transfer Impact Assessments (“TIAs”) to evaluate and address risks associated with personal data...more

Eversheds Sutherland (US) LLP

Updata: Your quarterly Data Privacy and Cybersecurity update - October - December 2020

Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity regulatory and legal developments from the...more

Baker Donelson

GDPR Evolution Continues: Article 49 Derogations in a Post-Schrems II World

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U.S. organizations continue to struggle with the transfer of personal information in compliance with European Union law, including continued compliance with the General Data Protection Regulation (GDPR)....more

McDermott Will & Emery

Update on European Data Protection Law

McDermott Will & Emery on

In mid-January 2021, the European Data Protection Board (EDPB) announced by press release that it has adopted jointly with the European Data Protection Supervisor (EDPS) written Opinions on the European Commission’s drafts...more

Jackson Lewis P.C.

Top 10 For 2021 – Happy Data Privacy Day!

Jackson Lewis P.C. on

In honor of Data Privacy Day, we provide the following “Top 10 for 2021.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2021...more

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

Cybersecurity 2021 – The Year in Preview: The GDPR's New Transfer Landmines

Editors’ Note: This is the third in our fifth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. Read our previous posts on Energy and Cannabis. A year ago,...more

Akin Gump Strauss Hauer & Feld LLP

Draft Guidance on Supplementary Measures for Cross-Border Personal Data Transfers

On November 10, 2020, the recently established Taskforce of the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area (EEA),...more

Jones Day

Ensuring International Data Flows after Schrems II

Jones Day on

The Situation: After the invalidation of the EU-U.S. Privacy Shield by the Court of Justice of the European Union ("CJEU"), the conditions under which international data may flow from the European Union continue to remain...more

Latham & Watkins LLP

The EDPB’s Draft Data Transfer Guidance Follows Schrems II – A Close Look

Latham & Watkins LLP on

The EDPB takes a strict approach in its recent guidance on international data transfers following Schrems II, posing a difficult challenge for businesses. On 10 November, the European Data Protection Board (EDPB) released...more

Dechert LLP

Schrems II: European Data Protection Board Data Transfers Guidance

Dechert LLP on

More than three months after the landmark Schrems II decision of the Court of Justice of the European Union (“CJEU”), the European Data Protection Board (“EDPB”) has issued its recommendations on “supplemental measures” to...more

White and Williams LLP

European Data Protection Board Issues Recommendations on Supplementary Measures for SCCs in Wake of Schrems II

White and Williams LLP on

In follow up to the Court of Justice of the European Union's (CJEU) ruling in Schrems II, the European Data Protection Board (EDPB) has just adopted for public comment draft recommendations for supplementary measures for...more

Hogan Lovells

EDPB issues comprehensive Schrems II guidance, including recommended supplemental measures to protect international data transfers

Hogan Lovells on

The European Data Protection Board (EDPB) has issued its long-awaited practical guidance following the Court of Justice of the European Union’s (CJEU) landmark Schrems II decision....more

WilmerHale

EDPB Releases Recommendations for Supplementary Measures for Transfers of Personal Data to Recipients Outside the European Union

WilmerHale on

On November 11, 2020, the European Data Protection Board (“EDPB”) released two documents as a follow-up to the Court of Justice of the European Union’s (“CJEU”) notable July 2020 decision, known as Schrems II. These documents...more

Husch Blackwell LLP

EDPB Announces Recommendations On Schrems II Supplementary Measures

Husch Blackwell LLP on

Keypoint: The EDPB’s much-anticipated recommendations will help companies identify the supplementary measures they need to put into place to comply with the CJEU’s Schrems II decision. Today, the European Data Protection...more

White and Williams LLP

Does Schrems II Doom Use of SCCs for EU–US Data Transfers? No Answers and Clouds are Gathering

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It’s been well written that in Case C-311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II), the Court of Justice of the European Union (CJEU) struck down the Privacy Shield, a...more

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