Nota Bene Episode 135: Europe Q3 Check In: Brexit, Data Protection, and Block Exemption Regulations with Oliver Heinisch
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
Pennsylvania COVID-19 Update Featuring Former Pa. Gov. Tom Corbett
Article 38 of China’s Personal Information Protection Law (“PIPL”) enacted in 2021, which is more demanding than GDPR in Europe, provides three channels to conduct the outbound transfer or export of personal information...more
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
China’s CAC publishes guidance on cross-border data transfers, including draft standard contractual clauses and regulatory guidance on certification and security assessment. Key Points: ..Security Assessment:...more
EU and UK data protection rules each restrict transfers of personal data to third countries not regarded as having an adequate level of protection, such as the United States, China, Russia and India....more
The European Union’s General Data Protection Regulation (GDPR) prohibits transfers of personal information about Europeans to destinations outside of the EU unless one of several tests is satisfied. As pertains to transfers...more
The European Commission (“EC”) has long sought to improve data privacy for Europeans, even when they interact with global or non-European companies. Laws like the General Data Protection Regulation (or “GDPR”) seek to...more
On June 4, the European Commission (EC) adopted two sets of standard contractual clauses (SCCs) for use between controllers and processers in the European Economic Area (EEA) and for the transfer of data between EEA and...more
Since the implementation of the EU’s General Data Protection Regulation (GDPR), the European Commission’s (EC) approved Standard Contractual Clauses (SCC) have been vital to the transfer of personal data to third countries...more
The European Cloud User Coalition (ECUC) published a paper (the Position Paper) on May 17 recommending, among other matters, the adoption of “model clauses” for the long-term compliant use of cloud technologies....more
Importers of EU data will need to analyze each data transfer for compliance with the new Standard Contractual Clauses; solely relying on data subjects’ consents may not be sufficient. Since the European Court of Justice...more
After much anticipation, the European Commission has published new Standard Contractual Clauses (SCCs). Under the General Data Protection Regulation (GDPR), when personal data of individuals in the European Economic Area...more
The new standard agreement for service providers (which we’ll refer to as the Controller-Processor SCCs) adopted by the European Commission on June 4th was understandably a bit overshadowed by the release on the same date of...more
Following the coming into effect of the GDPR three years ago and in light of last year’s Schrems II decision, the European Commission has adopted a new set of Standard Contractual Clauses (SCCs) aimed at enabling lawful...more
Following on from this week’s big announcement by the European Data Protection Board (EDPB) on its expectations for international data transfers after the European Court of Justice’s July 16 Schrems II decision, the European...more
EDPB and data protection authorities’ views and statements on the “Schrems II”- decision by the CJEU - On 16 July, 2020, the European Court of Justice (“CJEU“) passed a decision invalidating the EU-US Privacy Shield and...more
As discussed in an earlier alert, the Court of Justice of the European Union in a landmark decision in the Schrems II case invalidated the EU-US Privacy Shield framework, which was widely used by thousands of US organizations...more
Executive summary - In a repeat move echoing the previous invalidation of the “Safe Harbor”, on 16th July 2020 the Court of Justice of the European Union (“CJEU”) invalidated the “Privacy Shield”, which had allowed the...more
The table below sets out the guidance provided by data protection authorities (DPA) in response to the European Court of Justice’s landmark judgment in Case C-311/18 Data Protection Commissioner v. Facebook Ireland and...more
Any organization that relies on certification under the EU-U.S. Privacy Shield framework and/or entering into the Standard Contractual Clauses (“SCCs” or “Model Clauses”) to effectuate personal data transfers from the...more
The Court of Justice of the European Union (“CJEU”), on July 16, 2020, invalidated the European Union-U.S. Privacy Shield Framework (“Privacy Shield”), which more than 5,300 U.S. organizations had relied on to lawfully...more
On July 16, 2020, the Court of Justice of the European Union (CJEU), the supreme court of the European Union on matters involving European Union law, issued its long anticipated decision in the “Schrems II” case ( case...more
On July 16, 2020, Europe’s highest court, the Court of Justice of the European Union, struck down the Privacy Shield, an agreement that permitted companies operating in the European Union (EU) to transfer data to the United...more
On July 16, 2020, the European Court of Justice (Court) ruled in the “Schrems II” case that the one of the most commonly used cross border data transfer mechanisms between the European Union (EU) and the United States (US),...more
In a decision issued on July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated the EU-U.S. Privacy Shield Framework, one of the primary tools used by companies in the European Union (EU) to transfer...more
El TJUE se pronuncia sobre la validez del Privacy Shield y las Cláusulas Contractuales Tipo (Responsable-Encargado). En su sentencia, el TJUE ha: (i) invalidado el Privacy Shield como mecanismo para transferir de forma segura...more