News & Analysis as of

Standard Contractual Clauses International Data Transfers National Security

DLA Piper

China: CAC Publishes Official Q&As for Cross-Border Data Transfer Regulation

DLA Piper on

The Cyberspace Administration of China (CAC) released an important Q&A on cross-border data transfer requirements and policies in early April, providing clarification on a number of issues of concern to companies in China....more

Woods Rogers

Meta Fined €1.2 Billion in Facebook Data Privacy Case: Should US Companies Be Concerned?

Woods Rogers on

It has been a long time coming, but the other shoe has finally dropped. Ireland’s Data Protection Commission (DPC) fined Meta Platforms Ireland (parent of Facebook Ireland) €1.2 billion, the highest fine to date under the...more

BCLP

Is Privacy Shield 2.0 on the Horizon?

BCLP on

On October 7, President Joe Biden signed an Executive Order (EO) on Enhancing Safeguards for United States Signals Intelligence Activities, which is intended to move forward next steps in the EU US Privacy Shield Framework...more

Epiq

Breaking Data Development: New Privacy Protections for US-EU Transfers Coming

Epiq on

Yet another international data transfer update recently materialized. On October 7, President Biden signed an executive order directing the steps to implement a new data privacy framework. This would apply to the flow of...more

Paul Hastings LLP

Another Step Forward to Implementing the European Union – U.S. Data Privacy Framework

Paul Hastings LLP on

On October 7th, the long-awaited Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities was signed by U.S. President Joe Biden (Fact Sheet located here). The Executive Order directed the...more

K&L Gates LLP

What You Need to Know About China ‘Binding Corporate Rules' Under the New Certification Specifications

K&L Gates LLP on

As China enhances its cybersecurity and data protection regime, the processing of personal information, and in particular the information of customers and employees, has come into focus under the Personal Information...more

Ankura

New SCCs are here: what they mean and what you need to do next.

Ankura on

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

Jones Day

End of the EU's Data Retention Saga? CJEU Clarifies Conditions for State Surveillance Regimes

Jones Day on

The Situation: On October 6, 2020, the Court of Justice of the European Union ("CJEU") held that the national security laws of the United Kingdom, France, and Belgium, which each require that providers of electronic...more

Womble Bond Dickinson

Irish Data Case Against Facebook Could Complicate All Data Transfers to the US

Womble Bond Dickinson on

Will the EU finally deny the right to transfer any personal data from its shores to the United States? Its privacy decisions have been inching closer to this determination for years, and an Irish case against Facebook may tip...more

Womble Bond Dickinson

The Logical Conclusion to an Illogical Conclusion: Schrems May Forbid Data Commerce from the EU to the US

Womble Bond Dickinson on

The world just received the newest pronouncement from the EU Court of Justice, in a decision known as Schrems II, and the legal opinion extends the data war declared on the United States in the first Schrems decision....more

Foley Hoag LLP

Privacy Shield No Longer Viable Basis for EU-US Data Transfers

Foley Hoag LLP on

On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under...more

Mintz - Privacy & Cybersecurity Viewpoints

Privacy Shield Invalidated by Top EU Court; Standard Contractual Clauses Upheld (But There Are Still Major Challenges Ahead)

Organizations that transfer personal data from the European Union on the basis of the EU Commission-approved Standard Contractual Clauses (SCCs) may be breathing a sigh of relief on hearing that the SCCs have been upheld by...more

Mintz - Privacy & Cybersecurity Viewpoints

Do you transfer personal data from the EU to the US? Important Decision due July 16

Does your organization transfer personal data from the European Union to the US? If so, keep an eye out for a key decision on July 16 from the EU’s top court, the Court of Justice of the European Union. The Schrems II case...more

Akin Gump Strauss Hauer & Feld LLP

Major Boost for Standard Contractual Clauses Challenged by the Schrems 2.0 Case, but More Uncertainty for the Privacy Shield

We reported in July 2019 that the Court of Justice of the European Union (CJEU) heard a case brought by privacy-rights activist Max Schrems, challenging the validity of Standard Contractual Clauses (SCCs), which are widely...more

Foley Hoag LLP

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

Foley Hoag LLP on

Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

BakerHostetler

German Data Protection Authorities Limit Use of Alternative Data Transfer Mechanisms in Light of Safe Harbor Decision

BakerHostetler on

In the weeks since the October 6, 2015, Court of Justice of the European Union decision (“CJEU Decision”) that invalidated the EU-U.S. Safe Harbor framework, companies have been faced with the quandary of establishing legal...more

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