News & Analysis as of

Schrems v Data Protection Commissioner

Article 29 Working Party Publishes Privacy Shield Review: Better, But Needs Work

by Latham & Watkins LLP on

The Article 29 Working Party (WP29), an independent European advisory body on data protection and privacy released the results of their first review of the EU-US Privacy Shield on Wednesday (6 December 2017). The WP29 has...more

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

by Jones Day on

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

Irish Court Casts Serious Doubt on EU Model Clauses

by McDermott Will & Emery on

The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court opinion stating that there are “well founded grounds” to find the Model Clauses...more

Validity of personal data export mechanism thrown into question

by Dechert LLP on

The Irish High Court recently asked the Court of Justice of the European Union (CJEU) to rule on the validity of “standard contractual clauses” as a basis for transferring personal data out of the European Economic Area...more

Schrems Redux: What's the Future for Transatlantic Data Transfers?

by Bryan Cave on

What Now? With its decision on Tuesday 3 October 2017 referring a preliminary question on the validity of the European Union’s “standard contractual clauses” (“SCC”) regime to the Court of Justice of the European Union...more

Schrems Strikes Again? The Future of EU Standard Contractual Clauses

by Latham & Watkins LLP on

On October 3, 2017, the Irish High Court announced that it will make a reference to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the validity of the Standard Contractual Clauses, which allow...more

An Irish Court Clouds the Future of EU Data Transfers: The Luck of the Model Clauses May Be Done

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

European Court of Justice to Rule on Validity of Standard Contractual Clauses

On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large...more

EU Updates on Schrems II and the Privacy Shield

The current challenge to Facebook’s privacy practices in Ireland (“Schrems II”) may be coming to a head. You will recall that in Schrems I, the challenge to Facebook’s privacy practices led to a decision issued by the...more

Schrems II Judgment Rendered

A 152 page judgment was rendered on October 3, 2017 by the Irish High Court in Schrems II: DPC v Facebook Final. Nor surprisingly, the court decided to refer the case to the Court of Justice of the European Union to make...more

UK Government sets out its preferred post-Brexit landscape for data protection

by Latham & Watkins LLP on

Her Majesty’s Government last week published a position paper outlining its preferred post-Brexit landscape for data protection. The high-level takeaways are hardly surprising: the government stresses that it intends to...more

EU-U.S. Privacy Shield – Its Origins and the High Bar It Must Meet

by Pierce Atwood LLP on

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

Six Months In, Privacy Shield Is Battered But Holding: Three Notable Developments in U.S-E.U. Data Transfers

by Poyner Spruill LLP on

The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more

In the Wake of Schrems: EU White List of Adequate Nations and Standard Contractual Clauses Under Review

by Reed Smith on

Early last month, the European Commission tabled proposed amendments to its existing decisions on the adequacy of third countries’ data protection laws, and to its decisions on the EU standard contractual clauses....more

Transatlantic Data Transfer: An Update

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

Austrian Supreme Court Refers Schrems Consumer Class Action to ECJ

by Alston & Bird on

Just under a year ago today, the European Court of Justice (ECJ) issued its Schrems decision, which invalidated Safe Harbor and led to substantial developments in US-EU data-transfer mechanisms. In parallel to the ECJ Safe...more

’Privacy Shield’ Replacing Invalidated EU-US Safe Harbor Agreement is Open for Business, but Challenges to its Validity are...

The Safe Harbor agreement between the European Union and the United States permitted American businesses to import personal data of EU citizens based on self-certification of compliance with EU data protection principles....more

Privacy Shield's Day After

by Poyner Spruill LLP on

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

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 13:...

by White & Case LLP on

Why does this topic matter to organisations? In today's world, it is increasingly important to be able to move data freely to wherever those data are needed. However, the transfer of personal data to recipients outside...more

Shield, Sword or Plough Ahead? Approval of New EU Privacy Shield Forces a Decision

by McCarter & English, LLP on

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

EU-U.S. Data Privacy Shield adopted – a phoenix rising from the ashes of Safe Harbour?

by Reed Smith on

The EU-U.S. Privacy Shield has been adopted by the European Commission. On 12 July 2016, following a positive vote from the member states (the Article 31 Committee) on 8 July, the EU College of Commissioners formally adopted...more

Privacy Shield Adopted, But Uncertainty Remains

On July 12, 2016, the European Commission adopted the EU-US Privacy Shield, a framework designed to replace the invalidated Safe Harbor program. In theory, the Privacy Shield offers its adherents a relatively simple,...more

Dead Before the Ink is Dry? EU Approves Privacy Shield Text

by Womble Bond Dickinson on

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

EU Commission Adopts EU-U.S. Privacy Shield

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

At Long Last, US-EU Privacy Shield Adopted By EU Member States

Key takeaways: .. The Privacy Shield will now go into effect. .. The preliminary start date for companies to be certified under the Privacy Shield is August 1, 2016. .. Expect more challenges to the Privacy Shield...more

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