News & Analysis as of

Schrems I & Schrems II General Data Protection Regulation (GDPR) Court of Justice of the European Union (CJEU)

Hogan Lovells

Transfer Impact Assessments: the CNIL is seeking public input on TIA guide

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On January 8, 2024, the CNIL launched a public consultation on a draft guide (Draft Guide) covering Transfer Impact Assessments (TIA). Under GDPR, as interpreted by the Court of Justice of the European Union (CJEU) and...more

Hogan Lovells

Member of French Parliament lodges first request for annulment of EU-US Data Privacy Framework

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P. Latombe, who is not only a Member of the French Parliament, but also seated at the French Data Protection Authority (CNIL)'s Commission, lodged a request for annulment of the DPF on 6 September 2023 before the Court of...more

Seyfarth Shaw LLP

Adequacy for the US (kind of) – But What Are the Side Effects?

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On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-UD Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will...more

Bond Schoeneck & King PLLC

Data Transfers Permitted Across the Pond via New EU-U.S. Data Privacy Framework

On July 10, 2023, the European Commission adopted its adequacy decision on data transfers for the EU-U.S. (European Union/United States) Data Privacy Framework (DPF). The adequacy decision concluded that the United States...more

Bass, Berry & Sims PLC

Is the Third Time the Charm? The EU-US Data Privacy Framework

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On July 10, the European Commission issued an adequacy decision on the EU-US Data Privacy Framework (DPF), ensuring adequate protection for personal data transferred from the European Union to the United States. This decision...more

Davis Wright Tremaine LLP

European Commission Approves EU-U.S. Data Privacy Framework, Paving Way for Streamlined Transfers of Personal Data

Swiftly on the heels of the U.S. announcing it fulfilled its commitments for implementing the EU-U.S. Data Privacy Framework (the Framework), the European Commission (the EC) formally recognized that commercial organizations...more

Dechert LLP

Ready. Set. Flow: Green Light from the Commission for EU-U.S. Data Privacy Framework

Dechert LLP on

On 10 July 2023, the European Commission announced a major development1 in EU-U.S. personal data transfer relations by adopting a long-anticipated adequacy decision2 for the EU-U.S. Data Privacy Framework (“DPF”). The...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

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

BCLP

One Step Closer to the new EU-US Data Privacy Framework

BCLP on

Two and a half years after the Schrems II decision invalidated the EU-US Privacy Shield, the EU and US are inching closer to a replacement data transfer mechanism for EU to US personal data transfers. On 13 December 2022, the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2022

In this month’s Privacy & Cybersecurity Update, we examine President Biden’s executive order to implement an EU-U.S. data privacy framework, the European Commission’s draft Cyber Resilience Act, the U.S. Treasury’s request...more

Orrick, Herrington & Sutcliffe LLP

6 Things to Know About the New EU-U.S. Data Privacy Framework

In early October, the United States (“U.S.”) and European Union (“EU”) came one step closer to the much-awaited new EU-US Data Privacy Framework (the “Framework”), designed to facilitate transatlantic data flows between the...more

Kilpatrick

5 Key Takeaways - How GDPR has Impacted American Companies and the Future of Transatlantic Data Transfers

Kilpatrick on

The European Union’s General Data Protection Regulation (“GDPR”) marked a turning point in privacy and data protection practices globally and transformed how American companies approach the protection of personal data....more

Perkins Coie

President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy...

Perkins Coie on

President Biden issued an executive order (EO) increasing protections and safeguards for personal data subject to signals intelligence activities. It also establishes a redress mechanism for residents of qualifying states who...more

Balch & Bingham LLP

President Biden Issues Executive Order on Signals Intelligence to Implement EU-US Data Privacy Framework

Balch & Bingham LLP on

On October 7, 2022, President Biden signed an Executive Order on Enhancing Safeguards for United Sates Signals Intelligence Activities. The order aims to address concerns expressed by the Court of Justice of the European...more

Wiley Rein LLP

Executive Order on EU-U.S. Data Sharing Signed

Wiley Rein LLP on

On October 7, 2022, President Biden signed the Enhancing Safeguards for United States Signals Intelligence Activities Executive Order (Executive Order or EO), which implements the EU-U.S. Data Privacy Framework (EU-U.S. DPF)....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

Kilpatrick

Guarded Optimism on EU-US Data Transfers: The EU and US Announce Trans-Atlantic Data Privacy Framework

Kilpatrick on

The EU and US recently announced that they have reached “an agreement in principle” on a new framework to enable EU-US data transfers following the highly impactful EU ruling that dismantled the prior Privacy Shield...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

Vinson & Elkins LLP

Patchworking Data Protection Regimes: UK Adopts New Data Transfer Mechanisms Post-Brexit and Schrems II

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Two new United Kingdom (“UK”) data transfer mechanisms, the International Data Transfer Agreement (“IDTA”) and the International Data Transfer Addendum (“UK Addendum”) to the European Union’s (“EU”) new standard contractual...more

Benesch

U.S. and E.U. Reach New Trans-Atlantic Data Flow Agreement To Replace Privacy Shield

Benesch on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - March 2022

In this month’s Privacy & Cybersecurity Update, we analyze the U.S. and EU’s joint commitment to create a new data transfer framework to replace the invalidated Privacy Shield, as well as Utah’s new state privacy law and...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

Troutman Pepper

US and Europe Issue Joint Statement Announcing Agreement on New Trans-Atlantic Data Privacy Framework to Replace EU-US Privacy...

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On March 25, a huge sigh of relief was heard from businesses and organizations located throughout the United States and Europe after the U.S. and European Commission announced their agreement in principle on a new...more

Orrick, Herrington & Sutcliffe LLP

The Austrian Data Protection Authority Ground-breaking Google Analytics Decision: Analysis and Key Takeaways

The Austrian data protection authority (Österreichische Datenschutzbehörde; Austrian DPA) recently ruled that the use of Google Analytics violated Chapter V (transfers of personal data to third parties) of the EU General Data...more

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