News & Analysis as of

Schrems I & Schrems II European Union European Data Protection Board (EDPB)

Seyfarth Shaw LLP

Surprising Plot Twist: The European Data Protection Supervisor Reprimands the European Union for its use of Microsoft 365

Seyfarth Shaw LLP on

The European Union (EU)’s government organizations are just like any another entity trying to function in a world where global companies and even government entities are reliant on digital platforms for messaging and...more

McDermott Will & Emery

Get Ready to Update Your Binding Corporate Rules Regulators Expand Requirements

At the end of June, the European Data Protection Board (EDPB) published its Recommendations (Recs) on Binding Corporate Rules (BCRs). Among other things, the Recs require existing and in process BCRs to: - Incorporate...more

McDermott Will & Emery

EU-US Transatlantic Data Flows Framework: EU Supervisors Shine Light at the End of the Tunnel

McDermott Will & Emery on

In a recent non-binding opinion, EU regulators expressed timid positivity about the European Commission’s draft adequacy decision on the EU-US transatlantic data flows framework (Data Privacy Framework or DPF). While some...more

BCLP

EU Cookie Banners: EU Cookie Banner Task Force Report Homes in on Unlawful Practices

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On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...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

Sheppard Mullin Richter & Hampton LLP

EU’s Initial Response to US Proposed Data Transfers Framework

The EU released its draft adequacy decision for the EU-US Data Privacy Framework, but all is not smooth sailing. As we wrote in October, the US developed the proposed new framework in response to the declared inadequacy of...more

McDermott Will & Emery

European Commission Begins Process for Adoption of US Adequacy Decision

McDermott Will & Emery on

Since Schrems II invalidated the US/EU Privacy Shield, the flow of personal data from the European Union to the United States has been subject to intense regulatory scrutiny. Companies transferring personal data to the United...more

Gardner Law

Transatlantic Legal-Regulatory Update: Live from the Heart of Silicon Valley

Gardner Law on

US and EU Life Sciences Law firms Fieldfisher & Gardner Law recently held a CLE event in Silicon Valley covering Healthcare Compliance, Data Privacy and Regulatory hot topics for MedTech and Pharma companies. Discussion...more

Mintz - Privacy & Cybersecurity Viewpoints

EU Personal Data Transfers Deadline: New SCCs must be put in place by December 27, 2022

Deadline to adopt EU Standard Contractual Clauses - Many organizations uses the European Union’s Standard Contractual Clauses (SCCs) to govern their transfers of personal data from the European Economic Area (EEA) to other...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

Sheppard Mullin Richter & Hampton LLP

Waiting on a new EU-US Privacy Shield

It has been almost two years since the Privacy Shield was struck down as a valid data transfer mechanism in Schrems II. Many have been wondering “what’s next”? Will there be a replacement framework? When will that be...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

Spirit Legal

Data transfer to Russia and China in times of crisis

Spirit Legal on

In light of the “changed security policy situation” following Russia’s invasion of Ukraine, the Norwegian data protection regulator recently encouraged any company that exports personal data to Russia and Ukraine to review...more

A&O Shearman

EU EDPB publishes final Guidelines on codes of conduct as tools for international data transfers

A&O Shearman on

On 4 March 2022, the European Data Protection Board (EDPB) published a final version of its Guidelines on Codes of Conduct as tools for transfers of personal data to third countries (Guidelines), adopted during the EDPB...more

Sheppard Mullin Richter & Hampton LLP

CNIL Recommends Using US Analytics Tools Only for Anonymous Statistical Data

Following a similar case from Austria, the French data protection authority recently concluded that certain use of cookies placed by US data analytics tools violated GDPR. The case came before the CNIL as the result of a...more

Wiley Rein LLP

Data Transfers from the EU – Further Guidance Issued

Wiley Rein LLP on

The European Data Protection Board (EDPB) has provided further guidance on data transfers. Specifically, this most recent guidance clarifies what constitutes a “transfer.” While the concept of a transfer may seem...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

Husch Blackwell LLP

EDPB Issues Draft Guidelines on Interplay Between GDPR’s Jurisdictional Scope and Cross-Border Data Transfer Requirements

Husch Blackwell LLP on

Keypoint: The EDPB takes the position that geographical boundaries – and not GDPR’s jurisdictional reach – govern the restricted transfer determination. On November 19, 2021, the European Data Protection Board (EDPB)...more

A&O Shearman

EDPB opinion on the draft adequacy decision for South Korea confirms essential equivalence for cross-border transfers but requires...

A&O Shearman on

On 27 September 2021, the European Data Protection Board (EDPB) published its opinion on the draft adequacy decision of the European Commission in relation to the Republic of Korea (the Opinion). This is the first opinion on...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

A&O Shearman

EDPB publishes final Recommendations on the Schrems II supplementary measures

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The European Data Protection Board (EDPB) published its long-awaited final Recommendations on measures that supplement data transfer tools (the Recommendations), following the Schrems II decision of the CJEU (on 18 June...more

Foley & Lardner LLP

Practical Steps for Organizations to Use the New Standard Contractual Clauses

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The European Commission adopted new versions of the Standard Contractual Clauses (SCCs) on June 4, 2021. The new SCCs finally replace the original SCCs adopted under the 1998 European Data Protection Directive (DPD) and did...more

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