Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
If you have been doing business with entities in the European Union, chances are that you have struggled to figure out how to transfer data from the EU to the US without running afoul of the General Data Protection Regulation...more
The new framework provides an additional route for personal data transfers from the EEA to the US. On 10 July 2023, the European Commission (EC) took the final step to enable businesses to start relying on the new EU-US...more
U.S. companies can now self-certify to permit personal data to freely flow from the Europe to the United States. U.S. organizations can now self-certify their compliance with the EU-U.S. Data Privacy Framework (DPF) to...more
On July 10, 2023, the European Commission (the “Commission”) adopted an adequacy decision for the EU-U.S. Data Privacy Framework (the “Framework”). The Framework provides companies that opt in with a legitimate means of...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
In the wake of the Schrems II decision invalidating the the EU-US Privacy Shield, the US Department of Commerce has decided it should make lemonade out of the Schrems lemons. The Department recently issued a set of FAQs,...more
Still grappling with the aftershocks of the Schrems II decision from the CJEU on July 16 (we previously discussed the Schrems II decision here), the European Data Protection Board (“EDPB”) has issued a Frequently Asked...more
The EDPB has provided input about consent in its recent FAQs responding to the Schrems II invalidation of Privacy Shield. As we wrote about previously in this series, Schrems II impacted how companies transfer data from the...more
In our Schrems II Practical Guidance special reports, members of McDermott’s internationally recognized Global Privacy & Cybersecurity group have outlined practical guidance and next steps to ensure your business is prepared...more
Businesses are now prohibited from transferring employee personal data from the European Economic Area (EEA) to the U.S. under the EU-U.S. Privacy Shield program. The Court of Justice of the European Union (CJEU) declared the...more
The European Data Protection Board (EDPB) has issued its much anticipated FAQs on the Court of Justice of the European Union's (CJEU) Schrems II decision. This document does not yet contain the "supplementary measures" that...more
Key Takeaways - The EU-U.S. Privacy Shield does not ensure an adequate level of protection of personal data and is therefore not a lawful basis for data transfers to the U.S....more
On July 16, 2020, the Court of Justice of the European Union (CJEU) struck down the EU-U.S. Privacy Shield as a valid mechanism for transferring personal data from the European Economic Area (EEA) to the United States...more
On October 18, 2017, the EU Commission released its report of the first annual review of the EU-U.S. Privacy Shield framework. The Privacy Shield is the successor of the Safe Harbor Agreement which was invalidated by the...more
As of, August 1st, 2016, U.S. companies can now join the Safe Harbor successor EU-U.S. Privacy Shield (the “Privacy Shield”) for personal data transfers from the EU to the U.S. This post gives a high level summary of...more
The excitement surrounding the unexpected Brexit results has drowned out less dramatic stories. With David Cameron’s resignation as Prime Minister and Jeremy Corbyn’s position as Leader of the Opposition increasingly...more
The European Commission released its long-awaited draft adequacy decision for the EU-U.S. Privacy Shield, a major step towards the formal approval of the program that is to replace the invalidated Safe Harbors program. The...more
It is easy in today’s tech-oriented society to view the world through the lens of the internet as simply one big marketplace, abound with opportunities for entrepreneurs and emerging companies – and it certainly is. However...more
The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor...more
Last week Europe's highest court, the Court of Justice of the European Union (CJEU) declared invalid a "Safe Harbor" framework whereby personal data could be easily transferred between many European countries and the US. The...more
Last week Europe's highest court, the Court of Justice of the European Union, (CJEU) declared the Safe Harbor framework invalid. You can read more about the decision in our previous alerts here. Although it is unlikely that...more
Last week Europe's highest court, the Court of Justice of the European Union (CJEEA) declared the Safe Harbor framework invalid. Many life sciences and biotech companies relied on Safe Harbor to legitimise transfers of...more
Following the ECJ’s decision in the “Schrems” case which has invalidated the Safe Harbor framework multinational corporations may now face profound privacy law related compliance issues in a multitude of jurisdictions. In the...more
It’s the second Friday in October and I am continuing my HorrorFest month. I usually call it Monster Movie Fest but this year I am celebrating the films of Val Lewton who really worked more broadly in the horror genre, rather...more