News & Analysis as of

Schrems I & Schrems II Data Protection Personally Identifiable Information

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

Proskauer on Privacy

U.S. and EU Agree in Principle on New Trans-Atlantic Data Privacy Framework

Proskauer on Privacy on

In a joint press conference, U.S. President Joe Biden and European Commission President Ursula von der Leyen announced an agreement “in principle” on a framework, called the Trans-Atlantic Data Privacy Framework (“Privacy...more

Jones Day

UK Proposes New Standard Contractual Clauses for Data Transfers to Third Countries

Jones Day on

EU and UK data protection rules each restrict transfers of personal data to third countries not regarded as having an adequate level of protection, such as the United States, China, Russia and India....more

Neal, Gerber & Eisenberg LLP

NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler

NGE Corporate & Securities partner John Koenigsknecht recently interviewed Data Privacy & Information Governance partner David Wheeler about the new standard contractual clauses and the complex task of assessing and...more

Kramer Levin Naftalis & Frankel LLP

European Commission Adopts New Standard Contractual Clauses for Data Transfers

On June 4, the European Commission (EC) adopted two sets of standard contractual clauses (SCCs) for use between controllers and processers in the European Economic Area (EEA) and for the transfer of data between EEA and...more

Hogan Lovells

The European Commission issues Schrems II-proof Standard Contractual Clauses to allow global dataflows

Hogan Lovells on

Following the coming into effect of the GDPR three years ago and in light of last year’s Schrems II decision, the European Commission has adopted a new set of Standard Contractual Clauses (SCCs) aimed at enabling lawful...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

Hogan Lovells

EDPB & EDPS adopt joint opinion on new transfer SCCs

Hogan Lovells on

The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) weigh in on the new Standard Contractual Clauses proposed by the European Commission (EC) for transfers to third countries (new...more

Wyrick Robbins Yates & Ponton LLP

Work in Progress: Substantial Revisions Recommended to the European Commission's Draft New Standard Contractual Clauses

Last week, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) published a joint opinion on the European Commission’s (“EC”) proposed new set of Standard Contractual Clauses for...more

Kramer Levin Naftalis & Frankel LLP

EDPB Publishes Guidance on Cross-Border International Data Transfer & EC Proposes Draft Decision on Standard Contractual Clauses

On Nov. 11, 2020, the European Data Protection Board (EDPB) published eagerly anticipated guidance in the wake of the July 2020 European Court of Justice’s (ECJ) decision in Schrems II, outlining a process for ensuring data...more

Morgan Lewis

Schrems II Could Disrupt US Courts’ Common Ground on eDiscovery and Data Transfers from Europe - THE EDATA GUIDE TO GDPR

Morgan Lewis on

Schrems II may force companies obligated to produce EU personal data to the task of determining whether to comply with US discovery obligation rules that risk fines under the GDPR for illegal data transfers or to defy the US...more

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

EU-U.S. Privacy Shield Invalid: European Court of Justice Highlights Obligations for Companies Using Standard Contractual Clauses

The Court of Justice of the European Union (CJEU) recently declared that the EU-U.S. Privacy Shield is invalid because it does not provide an adequate level of protection for the transfer of personal data from the European...more

Morgan Lewis - Tech & Sourcing

EU-US Privacy Shield Struck Down in Schrems II Ruling

A recent Court of Justice of the European Union (CJEU) ruling—Schrems II—could lead to significant changes for companies that rely on the EU-US Privacy Shield for transferring personal data from the European Economic Area...more

Akerman LLP

Schrems II and EU-U.S. Personal Information Transfers: Where Are We, and What’s Next?

Akerman LLP on

The Court of Justice of the European Union (CJEU) recently issued a decision with global implications for data transfers from the EU in a case referred to the CJEU from the Irish Data Protection Commissioner, colloquially...more

Hogan Lovells

EU Data Exports After Schrems II – Guidance by data protection authorities

Hogan Lovells on

The table below sets out the guidance provided by data protection authorities (DPA) in response to the European Court of Justice’s landmark judgment in Case C-311/18 Data Protection Commissioner v. Facebook Ireland and...more

Hogan Lovells

Key take-aways for international data transfers from the EDPB guidance on Schrems II

Hogan Lovells on

Last  Friday, the European Data Protection Board (EDPB) released Frequently Asked Questions about the European Court of Justice's Schrems II case. ...more

Orrick, Herrington & Sutcliffe LLP

How to Comply with International Transfers – The Regulatory Guidance Overview on the “Schrems II” Decision

EDPB and data protection authorities’ views and statements on the “Schrems II”- decision by the CJEU - On 16 July, 2020, the European Court of Justice (“CJEU“) passed a decision invalidating the EU-US Privacy Shield and...more

Morgan Lewis

No Grace Period After Invalidation of EU-US Privacy Shield in Schrems II

Morgan Lewis on

As discussed in an earlier alert, the Court of Justice of the European Union in a landmark decision in the Schrems II case invalidated the EU-US Privacy Shield framework, which was widely used by thousands of US organizations...more

Cohen & Gresser LLP

Navigating the Atlantic with Personal Data

Cohen & Gresser LLP on

Executive summary - In a repeat move echoing the previous invalidation of the “Safe Harbor”, on 16th July 2020 the Court of Justice of the European Union (“CJEU”) invalidated the “Privacy Shield”, which had allowed the...more

Hogan Lovells

SCCs: EU authorities' stance on EU data exports in wake of Schrems II

Hogan Lovells on

The table below sets out the guidance provided by data protection authorities (DPA) in response to the European Court of Justice’s landmark judgment in Case C-311/18 Data Protection Commissioner v. Facebook Ireland and...more

Littler

EU’s Highest Court Upends Personal Data Transfers to the United States: Action Steps for U.S. Multinational Employers to Keep HR...

Littler on

The Court of Justice of the European Union (“CJEU”), on July 16, 2020, invalidated the European Union-U.S. Privacy Shield Framework (“Privacy Shield”), which more than 5,300 U.S. organizations had relied on to lawfully...more

Troutman Pepper

CJEU Invalidates Privacy Shield; OKs Standard Contractual Clauses Subject to Greater Scrutiny

Troutman Pepper on

On July 16, 2020, the Court of Justice of the European Union (CJEU), the supreme court of the European Union on matters involving European Union law, issued its long anticipated decision in the “Schrems II” case ( case...more

Bricker Graydon LLP

Court of Justice of the European Union strikes down Privacy Shield, but upholds Standard Contractual Clauses

Bricker Graydon LLP on

On July 16, 2020, Europe’s highest court, the Court of Justice of the European Union, struck down the Privacy Shield, an agreement that permitted companies operating in the European Union (EU) to transfer data to the United...more

Ballard Spahr LLP

Privacy Shield Invalidated by the European Court of Justice

Ballard Spahr LLP on

On July 16, 2020, the European Court of Justice (Court) ruled in the “Schrems II” case that the one of the most commonly used cross border data transfer mechanisms between the European Union (EU) and the United States (US),...more

Stinson LLP

EU Suspends the Privacy Shield – Where do we go from here?

Stinson LLP on

In a decision issued on July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated the EU-U.S. Privacy Shield Framework, one of the primary tools used by companies in the European Union (EU) to transfer...more

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