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
On March 22, 2024, the Cyberspace Administration of China (“CAC”) promulgated the final version of the Provisions on the Promotion and Regulation of Cross-Border Data Flows (the “Final Provisions”), bringing to conclusion the...more
The Cyberspace Administration of China (“CAC”) on September 28, 2023 issued the draft Provisions on the Regulation and Promotion of Cross-Border Data Flows (“draft Provisions”), just one year after China’s data export...more
Why should I read this? A new UK-US data bridge will be available to businesses in the UK looking to transfer personal data to organizations in the United States certified under the UK Extension to the EU-US Data Privacy...more
On July 10, 1962, NASA launched Telstar 1, the first active communications satellite linking Europe and the United States through live television transmission. Sixty-one years later, on July 10, 2023, the European Commission...more
On May 22 the Irish Data Protection Commission (“DPC”), Ireland’s data privacy watchdog, issued its final and binding decision against Meta with respect to Facebook’s exporting of personal data from Europe to the US from July...more
On 22 May 2023, the Irish Data Protection Commission (DPC) issued Meta Platforms Ireland Limited (Meta Ireland) with a EUR 1.2 billion (approximately 1.3 billion U.S. dollar) fine for breaches of the GDPR with respect to...more
On February 24, 2023, the Cyberspace Administration of China (CAC) released the much-awaited Measures for the Standard Contract for Outbound Transfer of Personal Information (China SCC Measures) together with the issuance of...more
There is new hope for companies that transfer data from Europe to the United States that the return of a less administratively burdensome mechanism is on the horizon...more
The Cyberspace Administration of China released for public consultation its long-awaited template for the cross-border data transfer agreement on June 30, 2022, under the draft Provisions on the Prescribed Agreement on...more
On May 25, 2022, the European Commission announced the release of a new guidance document relating to standard contractual clauses (SCCs) and international data transfers. The guidance is included in a series of questions and...more
Since the Schrems II 2020 judgment famously “cancelled” the EU/U.S. Privacy Shield program for personal data flows from the EU to the United States, it would be an understatement to say that U.S.-bound personal data flows...more
On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck...more
In February 2022, the United Kingdom (UK) Information Commissioner’s Office (“ICO”), along with the data protection authority (“DPA”) in the UK, published three new documents ("UK Documents") which update the UK's position on...more
The U.K. Information Commissioner’s Office (UK ICO) recently confirmed the options and clarified the timing of new data transfer agreements for transfers of personal data out of the U.K. The situation has been somewhat...more
Post-Brexit, the UK is no longer a member state of the European Union, meaning that the data protection regime that applies to UK-related processing is separate from – but currently remains similar to – that which applies to...more
It is well known that the EU GDPR (specifically, Chapter V) restricts transfers of personal data from the EU to a “third country” (i.e. a jurisdiction outside the EEA) or to an international organisation. But what is meant by...more
On November 19, 2021, the European Data Protection Board (“EDPB”) issued draft guidance on the interplay between Article 3 of the General Data Protection Regulation (“GDPR”) and the provisions on international transfers...more
Keypoint: The EDPB takes the position that geographical boundaries – and not GDPR’s jurisdictional reach – govern the restricted transfer determination. On November 19, 2021, the European Data Protection Board (EDPB)...more
The European Data Protection Board (EDPB) recently published Minutes of its last plenary meeting held in September, which sheds light on how the EDPB plans to address the biggest open issue of the new Standard Contractual...more
For several years, cross-border data transfers functioned similar to airport security checks for international travel, with the Privacy Shield operating as a fast check-in lane. After the European Union (EU) Court invalidated...more
On June 4th, the European Commission issued modernized Standard Contractual Clauses (SCCs) under the EU General Data Protection Regulation (GDPR) for data transfers from controllers or processors in the EU/EEA (or otherwise...more
On 11 August, the UK Information Commissioner’s Office launched a consultation paper on “International transfers under UK GDPR”. The documents released alongside the paper include a draft International Data Transfer Agreement...more
In June, the European Commission published the final version of a new set of standard contractual clauses (SCCs) that can be used to comply with the EU’s General Data Protection Regulation (the “GDPR”). These clauses are of...more
On 28 June, the European Commission adopted its Adequacy Decision for the UK, putting to an end (at least for now), the uncertainty surrounding EU to UK personal data flows. This averted a “cliff edge” in the shape of the 30...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