News & Analysis as of

Schrems I & Schrems II FISA

Fox Rothschild LLP

Ireland’s Data Protection Commission and Meta: What You Need to Know

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Ireland’s Data Protection Commission has fined Meta Ireland 1.2 billion EUR. While you have probably heard about that, there is much, much more to this case and the larger Schrems II cross border saga. Here is what you...more

Benesch

President Biden Enacts New Executive Order On EU-US Data Flow Agreement; EU Adequacy Decision Forthcoming

Benesch on

The Executive Order hopes to address what had been shortcomings in the previous Safe Harbor and Privacy Shield programs that were struck down by EU courts in 2015 and 2020 respectively. On October 7, 2022, President...more

Stikeman Elliott LLP

Transferring Data from the EU: What to Take Away from the Recent Google Analytics GDPR Rulings

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Companies using Google Analytics (“Analytics”) or similar platforms may be interested in recent rulings of several European data protection authorities that found Analytics data transfers to the U.S. to be non-compliant with...more

Nelson Mullins Riley & Scarborough LLP

GDPR Update – US and EEA May Have a Deal for “Privacy Shield 2.0”

On Friday, March 25, 2022, US President Joe Biden and European Commission President Ursula von der Leyen jointly announced that a deal has been reached to replace the former Privacy Shield framework governing data transfers...more

WilmerHale

The French Data Protection Authority Joins the Austrian Data Protection Authority in Ruling that the Use of Google Analytics...

WilmerHale on

French regulators have held that the use of Google Analytics violates the GDPR, a decision that likely has broad implications for web analytics companies and website operators. On February 10, 2022, the French Data...more

Benesch

Google Analytics Ruled Unlawful by Austrian Data Protection Authority Under the GDPR and Schrems II Decision

Benesch on

More, possibly similar decisions are expected in the coming months, throwing cross-Atlantic data transfers and trade into doubt as diplomats seek a Privacy Shield replacement. In late December, the Austrian Data...more

Fox Rothschild LLP

The German DSK Expert Opinion on FISA 702 Is Broader Than We Think

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The German Data Protection Conference (DSK) has issued an expert opinion on the state of surveillance laws in the United States. Needed: Schrems-proof mascara, the next level waterproof for all the “Cry and Pray” that...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Can European Websites use Google Analytics and Similar Services Without Violating the GDPR?

It has been nearly a year and a half since the Schrems II decision issued in July 2020, which invalidated the European Commission’s adequacy decision for the EU-US Privacy Shield Framework. As a result, companies were forced...more

Pillsbury Winthrop Shaw Pittman LLP

The European Data Protection Board (EDPB) Finalises Guidance on International Transfers of Personal Data Following Europe’s Top...

The guidance outlines how organisations should approach international transfers and confirms examples of supplemental measures that can be adopted to ensure ongoing compliance and seeking to de-mystify earlier uncertainty. ...more

BCLP

German DPAs launch audit of international data transfers after Schrems II

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According to a press release of the data protection authority (DPA) of Lower Saxony earlier this month, nine German DPAs will participate in a coordinated audit of companies in Germany regarding their transfers of personal...more

Latham & Watkins LLP

New Standard Contractual Clauses and Final EDPB Recommendations - Next Steps

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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

Lathrop GPM

EU Issues New Standard Contractual Clauses for Data Transfers

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The European Union limits the transfer of EU personal data to countries whose privacy regimens are not deemed “adequate,” like the United States. American companies have tended to rely upon Standard Contractual Clauses (SCC)...more

Sheppard Mullin Richter & Hampton LLP

Understanding When to Use Two New Sets of Standard Contractual Clauses Issued by the EU

Starting this fall, companies transferring personal data from the European Economic Area (EEA) will likely begin to see a flurry of contract renegotiations. On June 4, 2021, the European Commission adopted long awaited new...more

Fox Rothschild LLP

German Data Protection Authorities Want To Know What Companies Are Doing With Customer Data

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Several German Data Protection Authorities commence independent investigation of cross border transfers of personal data in violation of Schrems II...more

Ankura

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

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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

Fox Rothschild LLP

EU Parliament: US Must Reform Surveillance Laws To Pave Way For Data Transfers

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The European Parliament is urging the United States to reform its surveillance laws to pave the way for transfers of personal data between the European Union and the U.S. "For data controllers that fall within the scope of...more

Fenwick & West LLP

Keep Your Personal Data Flowing – How to Navigate the Changing Tides of the New EU Guidance and UK-EU Brexit Deal

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Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in Data Protection Commissioner v....more

Foley & Lardner LLP

European Data Protection Board Issues Recommendations for Exports of Personal Data From the European Economic Area

Foley & Lardner LLP on

As many organizations continue to struggle with the fallout from the July 2020 Schrems II decision from the European Court of Justice (“CJEU”), in November, the European Data Protection Board (“EDPB”) published two pieces of...more

Hogan Lovells

U.S. Government issues white paper regarding EU-U.S. personal data transfers

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The U.S. Department of Commerce (DOC), Department of Justice (DOJ), and the Office of the Director of National Intelligence (ODNI) jointly issued a White Paper containing information about privacy protections under U.S. law...more

Fox Rothschild LLP

Data Transfer Post-Schrems II: FAQ’s From A German Data Protection Authority

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The Data Protection Authority of Rhineland-Palatinate, Germany has issued FAQs on Schrems II, weighing in on the EU-U.S. Privacy Shield and Standard Contractual Clauses. The guidance comes on the heels of FAQs issued recently...more

Eversheds Sutherland (US) LLP

The seismic shift after Schrems II: The future of cross border data flows for the energy and industrial sectors

If you transfer personal data from the EU/UK to countries which lack a so-called “adequacy” determination, like the US or India, or if your trusted service providers do, the Schrems II European Court decision has seismic...more

WilmerHale

EU High Court Strikes Down Privacy Shield, Standard Contractual Clauses Remain in Place

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The European Court of Justice (the “Court”) issued the long-awaited “Schrems II” decision. (see Facebook Ireland Ltd. v. Maximillian Schrems).   In its decision, the Court (1) struck down the Privacy Shield program that...more

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