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Standard Contractual Clauses

EU-US Transatlantic Data Flows Subject to Further Legal Challenge

Last week, the High Court of Ireland submitted eleven questions to the Court of Justice for the European Union (CJEU) to consider about the personal data transfer regime between the European Union (EU) and the United States....more

Irish High Court Refers Schrems 2.0 to the ECJ

by Alston & Bird on

On April 11, Justice Caroline Costello of the Irish High Court referred the Schrems 2.0 case to the Court of Justice of the European Union (ECJ) with 11 questions for the ECJ to answer. Per Justice Costello, the sole issue in...more

EU’s General Data Protection Regulation Takes Effect in May — Are You Compliant?

by Bryan Cave on

The European Union’s General Data Protection Regulation (“GDPR”), arguably the most comprehensive – and complex – data privacy regulation in the world, goes into force on May 25, 2018. As retailers and other companies...more

GDPR: The Most Frequently Asked Questions: Are the Standard Contractual Clauses Enough?

by Bryan Cave on

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

ECJ Rules against Schrems Class Action, Sets Up Jurisdictional Questions for GDPR Class Actions

by Alston & Bird on

In late 2015, the European Court of Justice (ECJ) issued its initial Schrems decision, invalidating the EU/US Safe Harbor and leading to important developments in the rules for transferring personal data from the EU to the...more

EU issues warning on data transfers to the UK post-Brexit

by Dechert LLP on

The European Commission has issued a notice explaining some of the legal ramifications of Brexit on transfers of personal data from the EU to the UK....more

Can your business be reimbursed for legal fees when you file suit to collect money due?

by Tucker Arensberg, P.C. on

I often assist my business clients with collections matters. Frequently my clients ask, “Can we make them pay your legal fees?” If your business has a well-written contract and is successful in the collections lawsuit, the...more

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

GDPR Update: Transfer of Personal Data (outside the EEA) (Dutch)

by Dentons on

In this GDPR update, we will address the transfer of personal data outside the European Economic Area (EEA). ...more

GDPR Update: Transfer of Personal Data (outside the EEA)

by Dentons on

In this GDPR update, we will address the transfer of personal data outside the European Economic Area (EEA)....more

Privacy & Cybersecurity Update - October 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Commission's annual review of the Privacy Shield, a potential threat to the European Union's "standard contractual clauses," a push by...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

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

The Morning Risk Report: Data-Transfer Case Creates New Uncertainty

Tim Toohey was quoted in a October 5, 2017, Wall Street Journal article written by Ben DiPietro discussing the decision by Ireland's High Court to refer a data-transfer case involving Safe Harbor and Privacy Shield to the...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

Will the EU box itself in? Fate of Standard Contractual Clauses (aka the Model Clauses) for personal data transfers is now in the...

Executive summary: The EU’s standard contractual clauses may be on the fast track to invalidation, putting a vast number of personal data transfers from the EEA at risk. A case brought by Maximilian Schrems (whose first...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

What In-House Counsel Need To Know About Their Form Arbitration Clauses – Ten Foundation Questions

Most arbitrations, and all commercial arbitrations, are creations of contract, and courts are generally required to enforce an arbitration agreement as they would any other contract. Therefore, the terms of the arbitration...more

FCA bans firms' use of restrictive contractual clauses for future primary market services

by Hogan Lovells on

On 27 June 2017, the Financial Conduct Authority (FCA) published its Policy Statement PS17/13 'Investment and corporate banking: prohibition of restrictive contractual clauses' which sets out new rules banning the use of...more

Corporate News - July 2017

by Hogan Lovells on

FCA bans firms' use of restrictive contractual clauses for future primary market services - On 27 June 2017, the Financial Conduct Authority (FCA) published its Policy Statement PS17/13 'Investment and corporate banking:...more

The Validity of EU-U.S. Personal Data Export Tools: A Pending Issue

by McGuireWoods LLP on

Between the cancellation of the Safe Harbor by the Court of Justice of the European Union (CJEU) and the adoption of the Privacy Shield, a number of data exporters have relied on the Standard Contractual Clauses (SCC) as the...more

The Swiss Privacy Shield Opens for Business on April 12

by Seyfarth Shaw LLP on

Beginning on April 12, 2017, U.S. organizations that are subject to the investigatory and enforcement powers of the FTC or the Department of Transportation will be able to self-certify to the newly adopted Swiss–U.S. Privacy...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

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