News & Analysis as of

Standard Contractual Clauses

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

Expected Soon: Modifications of the Standard Contractual Clauses

by McGuireWoods LLP on

The European Commission very recently presented two draft implementing decisions amending the existing adequacy decision on standard contractual clauses. These drafts were presented to the Article 31 Committee, which is...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

Article 29 Working Party on the EU-US Privacy Shield: A Number of Concerns Remain But Let’s See How It Works

Article 29 Working Party on the EU-US Privacy Shield: The EU’s Article 29 Working Party analyzed the final version of the Privacy Shield and issued a statement on July 26, 2016. What does this mean?...more

A Fragile Shield? Managing the Risks of EU-U.S. Data Transfer

by Womble Bond Dickinson on

Following European Commission adoption of the Privacy Shield on July 12, 2016, and with Privacy Shield self-certification poised to open for business organizations on August 1, 2016 as a replacement for the invalidated...more

Privacy Shield: The National Data Protection Authorities Hold Fire

The Article 29 Working Party (WP29) has released a brief updated statement on the final form of the Privacy Shield adequacy decision and supporting annexes. WP29 is an important advisory group made up of representatives of...more

93 Results
|
View per page
Page: of 4
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.