News & Analysis as of

Schrems I & Schrems II Personal Data Court of Justice of the European Union (CJEU)

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

Bass, Berry & Sims PLC on

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

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

Hogan Lovells

Hamburg DPA issues optimistic stance on Executive Order for EU-U.S. Data Privacy Framework

Hogan Lovells on

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

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

Robinson+Cole Data Privacy + Security Insider

Biden’s Executive Order Implementing New EU-U.S. Data Privacy Framework to Replace Privacy Shield

President Biden recently signed an executive order establishing the implementation of the new EU-U.S. Data Privacy Framework, which would provide for the possibility of the lawful transfer of personal data from the European...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

WilmerHale

Update on the EU-US Data Privacy Framework

WilmerHale on

On October 7, 2022, President Biden signed an Executive Order (“EO”) implementing the new trans-Atlantic EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF, previously announced by President Biden and the...more

Goodwin

President Biden Signs “Privacy Shield” Executive Order to Address European Concerns Over Surveillance Practices in the United...

Goodwin on

On October 7, 2022, President Biden signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities,” establishing new privacy safeguards and oversight mechanisms for foreign intelligence...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

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

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

Troutman Pepper

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

Troutman Pepper on

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

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

Troutman Pepper

New Standard Contractual Clauses Supply Opportunities and Obligations for Organizations Transferring Personal Data Out of the EU

Troutman Pepper on

On June 4, the European Commission (Commission) adopted new standard contractual clauses (SCCs) for the transfer of personal data to third countries. SCCs have long been an important tool for EU data transfers, as one of only...more

BCLP

German DPAs launch audit of international data transfers after Schrems II

BCLP on

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

Latham & Watkins LLP on

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

Hogan Lovells

International data transfers under scrutiny: German DPAs launch joint multi-state audits

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At the beginning of the year, the German data protection authorities (DPAs) announced that they would take joint action to enforce the decision of the European Court of Justice (ECJ) in the "Schrems II" case. On June 1,...more

BCLP

BCLP Global Data Privacy FAQs: What EU transfer options remain for international data transfers after Schrems II?

BCLP on

On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated in “Schrems II” the EU–U.S. Privacy Shield framework, while upholding the Standard Contractual Clauses (SCCs) as a valid mechanism for...more

Blank Rome LLP

New Standard Contractual Clauses for Cross-Border Transfer of EU Personal Data Released

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The European Commission has published updated versions of the standard contractual clauses for international transfers of personal data from the European Union (“EU”). These new standard contractual clauses take into account...more

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