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
The final decision of the Irish Data Protection Commission (IDPC) in relation to the transfers of EU/EEA Facebook user data by Meta Platforms Ireland Limited (Meta Ireland) to its processor, Meta Platforms, Inc., in the US...more
Background Note: Data privacy has become a critical issue in the digital era, with laws and regulations constantly evolving. As a result, it’s important for cybersecurity, information governance, and legal discovery...more
During the last 20 years, the state of the law regarding personal data transfers between the U.S. and Europe has undergone many changes and evolutions. Initially, the European Commission and the U.S. Government worked...more
Since Schrems II invalidated the US/EU Privacy Shield, the flow of personal data from the European Union to the United States has been subject to intense regulatory scrutiny. Companies transferring personal data to the United...more
On 25 March 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the U.S. and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for...more
While everyone hoped that 2021 would be less tumultuous than 2020, it certainly did not turn out that way in the end. The same was true in the world of data privacy – with sweeping new data protection regulations and guidance...more
EDPB Issues Draft Guidance on International Data Transfers - On November 18, 2021, the European Data Protection Board (“EDPB”) published draft guidance on the interaction between the GDPR’s transfer provisions set out in...more
The European Commission adopted new versions of the Standard Contractual Clauses (SCCs) on June 4, 2021. The new SCCs finally replace the original SCCs adopted under the 1998 European Data Protection Directive (DPD) and did...more
Post Schrems II World: EDPB Adopts Recommendations on Supplementary Measures for International Data Transfers - On June 18, the European Data Protection Board (EDPB) formally adopted Version 2 of its Recommendations on...more
Standard contractual clauses (SCCs) are a contract addendum with provisions governing the handling of personal information. The express language of the SCCs has been preapproved by the European Commission (Commission) to be...more
The European Commission published a draft Adequacy Decision for the UK on 19 February. That document remains in draft, though it is understood to have successfully cleared the last formal approval stage required....more
The European Commission’s long-awaited updates to the Standard Contractual Clauses (“SCCs”) have arrived. Data protection lawyers globally have eagerly anticipated these changes, which are necessary to address a legal...more
On June 4, 2021, the European Commission adopted two new sets of standard contractual clauses (SCCs): one for data transfers from data controllers to data processors and one for data transfers from data exporters to data...more
Long-awaited SCCs for EU Data Transfers Adopted by European Commission with 18-month Transition Period - The EU has a cross-border data transfer framework gift for you! On June 4, 2021, the European Commission (“EC”)...more
The European Commission has issued new Standard Contractual Clauses designed to facilitate international transfers of personal data in compliance with the GDPR. The new provisions better reflect the variety of global data...more
The final version of the new standard contractual clauses (“SCCs”) were published by the European Commission on June 4, 2021. Many organizations that transfer or receive personal data originating in the European Economic Area...more
Orrick's Cyber, Privacy & Data Innovation and IP Licensing & Technology Transactions groups cover the top 10 things you need to know about the new Standard Contractual Clauses ("SCCs") published today by the European...more
Keypoint: Companies using the previous standard contractual clauses will have eighteen months to transition to the new documents. Today, the European Commission announced that it has adopted “two sets of standard...more
On 14 April 2021, the European Data Protection Board ("EDPB") announced that it had adopted two Opinions on the draft UK adequacy decisions issued by the European Commission on 19 February 2021. The EDPB’s take on the draft...more
The Schrems II decision invalidated the EU-US Privacy Shield – the umbrella regulation under which companies have been transferring data for the last half-decade. In earlier parts of this four-part series, we described the...more
In 2016, European companies doing business in the US were able to breathe a sigh of relief. The European Commission deemed the Privacy Shield to be an adequate privacy protection. For the next half a decade, this shield, as...more
Brexit has raised many questions regarding the future of data protection and digital trade. Whilst the UK’s incorporation of the General Data Protection Regulation (GDPR) into domestic law in January 2020 eased some...more
When a controller engages a processor, the GDPR requires that the parties enter into a specific contract that contains certain mandatory provisions. This contract is often referred to as a ‘data processing agreement’ or...more
As we began exploring last week in Part I of our Post-Brexit, Schrems II, and the GDPR: Privacy Compliance Priorities in Early 2021 series, significant developments in late 2020 charted a course in privacy/cyber compliance...more
On 15 January, 2021, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) adopted a joint opinion (“Joint Opinion”) on the draft new sets of Standard Contractual Clauses (“New...more