NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
In-house Roundhouse: Antitrust and the Tech Industry
What's Next after the Schrems II Decision of ECJ
Life With GDPR: Episode 47- Schrems III-Impact on the Transatlantic Digital Trade
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
While the announcement is short on details, once in place, U.S.-based. entities will be able to use the new agreement to comply with the GDPR’s cross-border data transfer requirements. On March 25, the U.S. and E.U....more
News sources reported this month that the Irish data protection authority (DPA) had sent Facebook a preliminary order that would prohibit the transfer of information about European Union (EU) residents to US Facebook users....more
On July 16, 2020, Europe’s Court of Justice issued a much-anticipated judgment on the validity of Decision 2016/1250 on the adequacy of the EU-US Data Protection Shield (the “US/EU Privacy Shield”) and Decision 2010/87 on...more
On July 16, 2020, the Court of Justice of the European Union delivered its decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems, which invalidated EU Commission Decision 2016/1250 (the...more
The Court of Justice of the European Union (CJEU) issued a long awaited opinion yesterday (July 16, 2020) in Data Protection Commissioner v. Schrems1 finding the EU-U.S. Privacy Shield inadequate for lawfully transferring the...more
On October 23, 2019, the European Commission published its report after its third annual review on the functioning of the EU-U.S. Privacy Shield. The Privacy Shield, which became operational in August 2016, details procedures...more
The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court opinion stating that there are “well founded grounds” to find the Model Clauses...more
When the European Court of Justice first invalidated the Safe Harbor we recommended here that, for most companies, staying the course by implementing general data security best practices was probably the right thing to do...more
On July 12, 2016, the EU Commission and the U.S. Secretary of Commerce announced the adoption of the EU-U.S. Privacy Shield (Privacy Shield). This announcement follows today's adequacy decision by the College of EU...more
On February 29, 2016, the European Commission and United States released the terms of the much-anticipated renewed framework for the transfer, sharing, and processing of European individuals’ data to the United States. The...more
The new EU-US Privacy Shield seeks to address the European Court of Justice’s criticisms in Schrems after the decision invalidated the Safe Harbor program for EU-US data transfers. On February 29, the EU Commission...more
Attorneys in WilmerHale's Cybersecurity, Privacy and Communications Practice recently wrote about the new EU-US Privacy Shield rolling out to replace Safe Harbor. We wanted to share this content with our startup audience as...more
United States and European Union officials have reached a last-minute agreement in an attempt to salvage the US-EU Data Transfer Safe Harbor, nearly four months after the European Court of Justice issued an opinion...more
A new personal data transfer agreement was announced on February 3, 2016 between EU and US authorities: the EU-US Privacy Shield will replace the invalidated Safe Harbor programme. Since the landmark decision of the...more
This past Friday, the European Commission (“the Commission”) issued guidance addressing transatlantic data transfers after the European Court of Justice (“ECJ”) decision in the Schrems case. As we noted in an earlier post,...more
On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more
An exchange of views between the European Parliament and Mrs. Vera Jourová, European Commissioner for Justice, Consumers and Gender Equality, revealed ongoing negotiations between the Commission and the U.S. Department of...more
Last week, the Vienna Higher Regional Court ruled that most of Max Schrems’ claims against Facebook can proceed, including his claim that Facebook improperly allowed his personal information to be shared with the National...more
EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a...more
Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...more
With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more
The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor...more
A lot has happened since the European Court of Justice’s declaration that the EU-US safe harbor framework is invalid. First, the Article 29 Working Party, an organization comprised of representatives from each data...more
Citing the European Court of Justice’s (ECJ) October 6, 2015 decision in Schrems v. Data Protection Commissioner, which invalidated the EU Commission’s Safe Harbor decision, the Israeli Law, Information and Technology...more