News & Analysis as of

Schrems I & Schrems II European Commission Privacy Laws

ArentFox Schiff

October 2022 AFS Privacy Report: California Privacy Protection Agency Releases Updated Draft Regulations Ahead of October 28-29...

ArentFox Schiff on

California Privacy Protection Agency Releases Revised Regulations - With the effective date less than three months away, and ahead of a Board Meeting on October 28 and 29, the California Privacy Protection Agency released...more

Sheppard Mullin Richter & Hampton LLP

Working through the new EU SCCs? European Commission Releases FAQs

The European Commission recently released a set of FAQs for the new EU standard contractual clauses (SCCs). The FAQs are based on feedback received from various stakeholders and currently address 44 different questions....more

Dorsey & Whitney LLP

The Demise of the EU-US Privacy Shield and the Future of Personal Data Transfers from the EU

Dorsey & Whitney LLP on

In a dramatic and widely reported decision of 12 July 2020 in the case known as Schrems II (Data Protection Commissioner v Facebook Ireland Ltd), the Court of Justice of the European Union (“CJEU”) invalidated the decision of...more

ArentFox Schiff

Schrems II and the Possibility of a Privacy Shield Successor: Will History Repeat Itself?

ArentFox Schiff on

Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final -...more

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

Privacy Shield: We've Lost the EU but We've Still Got Switzerland!

In the wake of the Schrems II decision invalidating the the EU-US Privacy Shield, the US Department of Commerce has decided it should make lemonade out of the Schrems lemons. The Department recently issued a set of FAQs,...more

Foley & Lardner LLP

EDPB Issues FAQ After Schrems II, EU Regulators Provide Conflicting Interpretations and Guidance

Foley & Lardner LLP on

Still grappling with the aftershocks of the Schrems II decision from the CJEU on July 16 (we previously discussed the Schrems II decision here), the European Data Protection Board (“EDPB”) has issued a Frequently Asked...more

Sheppard Mullin Richter & Hampton LLP

Schrems II Fallout Continued: Can Companies Rely on Consent?

The EDPB has provided input about consent in its recent FAQs responding to the Schrems II invalidation of Privacy Shield. As we wrote about previously in this series, Schrems II impacted how companies transfer data from the...more

McDermott Will & Emery

Special Report - Schrems II: What Does the CJEU’s Decision Mean for Transfers from the EEA to the US?

McDermott Will & Emery on

In our Schrems II Practical Guidance special reports, members of McDermott’s internationally recognized Global Privacy & Cybersecurity group have outlined practical guidance and next steps to ensure your business is prepared...more

Dechert LLP

Schrems II: SCCs Valid (in Principle), Privacy Shield Struck Down – Time for Action

Dechert LLP on

Key Takeaways - The EU-U.S. Privacy Shield does not ensure an adequate level of protection of personal data and is therefore not a lawful basis for data transfers to the U.S....more

Skadden, Arps, Slate, Meagher & Flom LLP

Schrems II: EU-US Privacy Shield Struck Down, but European Commission Standard Contractual Clauses Survive

On July 16, 2020, the Court of Justice of the European Union (CJEU) struck down the EU-U.S. Privacy Shield as a valid mechanism for transferring personal data from the European Economic Area (EEA) to the United States...more

K&L Gates LLP

Brussels Regulatory Brief: September/October

K&L Gates LLP on

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

Robinson+Cole Data Privacy + Security Insider

EU safe harbor update

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

Thomas Fox - Compliance Evangelist

Whom Should You Suspend During an Internal Investigation?

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

Stinson LLP

EU Strikes Down the Safe Harbor Framework for Transatlantic Data Transfers: What You Should Know and What to Do Next

Stinson LLP on

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

Robinson+Cole Data Privacy + Security Insider

EU safe harbor update

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

Orrick, Herrington & Sutcliffe LLP

EU Working Party Issues Statement on CJEU’s Invalidation of Safe Harbor Framework

The European Court of Justice’s (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more

Orrick, Herrington & Sutcliffe LLP

EU Working Party Issues Statement on CJEU's Invalidation of Safe Harbor Framework

The European Court of Justice's (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more

Thomas Fox - Compliance Evangelist

Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows, producer Val Lewton, whose films for RKO had some of the...more

Cozen O'Connor

The “Other” Safe Harbor: OIG Warns Healthcare Providers and Vendors Against Information Blocking and Federal Anti-Kickback...

Cozen O'Connor on

For those of us who work in the privacy and security space this past week has been a whirlwind with focus on the ramifications of the European Court of Justice (ECJ) decision invalidating the EU-U.S. Safe Harbor Agreement....more

McGuireWoods LLP

Means, Other Than Safe Harbor, of Transferring Personal Data to the U.S. Potentially Vitiated?

McGuireWoods LLP on

After the decision of October 6, 2015, of the Court of Justice of the EU (CJEU) invalidating the decision from the EU Commission (Decision 2000/520) on the Safe Harbor, transfer of personal data to the U.S. based on Standard...more

Thomas Fox - Compliance Evangelist

Compliance at the Tipping Point, Part IV – The Schrems Decision

I continue my exploration of why I believe that compliance is at the Tipping Point, with today’s entry of data point four, which is last week’s decision by the European Court of Justice (ECJ) in the Schrems case. While most...more

Orrick, Herrington & Sutcliffe LLP

Privacy, Security, Risk: What You Missed At IAPP Conference

Earlier this month, privacy and security professionals from around the globe gathered for “Privacy. Security. Risk. 2015”—the second joint conference between the International Association of Privacy Professionals and the...more

Gray Reed

Why You Care The E.U. Struck Down Safe Harbor Data Protection And What to Do About it [Updated]

Gray Reed on

Earlier this month the Court of Justice of the European Union struck down the EU-U.S. Safe Harbor Framework which previously provided U.S. companies comfort in that they could follow the framework and know they were not...more

BakerHostetler

What Now? What Next? FAQs and Answers Regarding the Safe Harbor Decision

BakerHostetler on

As we discussed in our blog post last week, on October 6, 2015, the Court of Justice of the European Union issued a judgment that invalidated the EU-U.S. Safe Harbor Framework. For the past 15 years, thousands of companies...more

Nossaman LLP

No Port in a Storm: The United States’ Safe Harbor Is No More

Nossaman LLP on

Europe is on the cutting-edge of privacy protections, and has been for quite some time. The European Directive on privacy, the Data Protection Directive, was adopted in 1995 and regulates the sharing and processing of...more

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