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 new framework provides an additional route for personal data transfers from the EEA to the US. On 10 July 2023, the European Commission (EC) took the final step to enable businesses to start relying on the new EU-US...more
On July 10, 2023, the European Commission announced that it had adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF). This long-awaited decision means that for the first time since the EU-U.S...more
With data privacy landscapes changing around the globe, how can organizations handle cross-border deals while still remaining compliant? This has been a burning question over recent years....more
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
On July 10, 1962, NASA launched Telstar 1, the first active communications satellite linking Europe and the United States through live television transmission. Sixty-one years later, on July 10, 2023, the European Commission...more
After years of uncertainty in the privacy rules governing transfer of data from the EU to the U.S., the new transatlantic data privacy framework has finally been adopted. On July 10, the European Commission formally adopted...more
The United States ("U.S.") and the European Commission ("EU Commission") recently announced an “agreement in principle” to develop a new Trans-Atlantic Data Privacy Framework (“Framework”). The Framework is intended to...more
Keypoint: Representatives of the European Commission and EDPB advised that further guidance on cross-borders data transfers are forthcoming. Last week, Didier Reynders, European Commissioner for Justice, and Dr. Andrea...more
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
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
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
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
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
On July 7, the Court of Justice of the European Union (ECJ) invalidated the EU-US Privacy Shield framework in its ruling in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Case C-311/18). More than...more
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
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
On December 19, 2019, in the Facebook Ireland and Schrems (Schrems 2.0) case, the Advocate General (AG) to the European Court of Justice (ECJ)—European Union's highest court—opined that the EU Standard Contractual Clauses...more
The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more
There was a new and potentially significant development this week in the Irish courts that could mark the start of a fundamental change in the field of privacy law and the transfer of personal data from the European Union to...more
To predict the Privacy Shield’s future, it’s helpful to recall its origins and to understand the high bar it must meet – namely, ensuring “an adequate level of protection” under the Data Protection Directive. ...more
The EU-US Privacy Shield, designed to protect EU citizens’ personal data when it is transferred to US organisations, has now been in place for a couple of months. How is it shaping up?...more
Every generation eventually reaches a point (some might call it “early middle age”) where its formative years become the focus of widespread nostalgia. As indicated by the success of the recent Star Wars sequel and numerous...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
After months of uncertainty, the U.S. again has a framework of rules to follow that will govern U.S. business’ use of EU residents’ data. The European Commission approved the text of the EU-U.S. Privacy Shield (the “Privacy...more
On July 12, 2016, the European Commission formally adopted the EU-U.S. Privacy Shield to replace the previously invalidated Safe Harbor Framework as an adequate method of transferring personal data from the European Economic...more