NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
On September 3, 2025, the EU General Court (the General Court) (the second-highest court in the European Union (EU)) upheld the validity of EU-U.S. Data Privacy Framework (DPF) in Philippe Latombe v European Commission...more
On July 10, the European Commission (EC) published its data adequacy decision for the new EU-U.S. Data Privacy Framework (EU-U.S. DPF). This means that companies can transfer personal data from EU countries and from Iceland,...more
On July 10, 2023, the European Commission (“EC”) adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). Nearly three years after the Court of Justice of the European Union (“CJEU”)...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
Editor’s Note: On January 18, 2023, HaystackID shared an educational webcast on China’s emerging statutes and regulations governing the processing, disclosure, and transfer of data. As Chinese entities increasingly become...more
As U.S.-based companies await a decision by the European Union (EU) regarding data transfers, the European process for approving the EU-U.S. data privacy framework has progressed a step. The European Commission released a...more
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
The European Commission recently adopted an adequacy decision regarding the Republic of Korea’s data protection laws. As a result of this decision, personal data can freely flow between the EEA and South Korea without the...more
The Information Commissioner’s Office (ICO) recently released its response to the UK government consultation, ‘Data: A new direction’. The consultation was conducted by the Department for Digital, Culture, Media and Sport...more
NGE Corporate & Securities partner John Koenigsknecht recently interviewed Data Privacy & Information Governance partner David Wheeler about the new standard contractual clauses and the complex task of assessing and...more
Organizations are closely tracking which of their vendors previously relied on Privacy Shield. Separately, they are preparing Transfer Impact Assessments (“TIAs”) to evaluate and address risks associated with personal data...more
Pathways for U.S. companies to transfer personal data out of the European Union have been repeatedly blocked by EU authorities concerned by what they perceive as gaps in data protection under U.S. laws. Schrems I invalidated...more
Following its “Brexit” from the EU on January 31, 2020, the UK had until December 31, 2020 to bring its data privacy laws into compliance with the General Data Protection Regulation (“GDPR”). As of January 1, 2021, the UK is...more
US companies and other organizations whose activities involve the use of personal information from Europe were unsettled by the EU Court of Justice’s July 2020 Schrems II decision that cast doubt on the lawfulness of...more
Parties in the US are allowed broad and liberal discovery of electronically stored information (ESI) relevant and proportional to the claims and defenses in a legal action. When a US-based litigant seeks ESI stored in other...more
This past July, a decision by the European Court of Justice (ECJ) struck down the European Union-United States Privacy Shield framework (EU-U.S. Privacy Shield), one mechanism through which companies could transfer personal...more
The Federal Data Protection and Information Commissioner (FDPIC) has determined that the Swiss-United States Privacy Shield does not provide an adequate level of data protection for data transfers from Switzerland to the U.S....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
If you transfer data from the EU to the US, or if your trusted service providers do, the Schrems II European Court decision1 has seismic significance - even if you do not rely on Privacy Shield. On July 16, 2020, the Court...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
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
On July 9, 2019, the European Court of Justice (ECJ)—the highest court of the European Union—will hear oral arguments in the Schrems 2.0 case relating to the validity of two key data transfer mechanisms: the Standard...more
Since the referendum to leave the EU rocked the UK in 2016, commentators, privacy personnel, and corporate officers alike have been speculating as to how Brexit will affect Britain’s subjugation to the General Data Protection...more
The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more