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
On April 1st, 2025, the General Court of the European Union held its first hearing on the request initiated by member of French parliament Philippe Latombe for annulment of the EU-U.S. Data Privacy Framework (“DPF”) further...more
On June 10, 2023 the European Commission (the “Commission”) issued an adequacy decision on the new EU-U.S. Data Privacy Framework (the “DPF”). The decision restored free transfer of data between the EU and U.S. after three...more
The European Commission published a very significant adequacy decision last week, which is expected to facilitate transfers of personal information from Europe to the United States. The decision came as part of the...more
On July 10, the European Commission issued an adequacy decision on the EU-US Data Privacy Framework (DPF), ensuring adequate protection for personal data transferred from the European Union to the United States. This decision...more
Swiftly on the heels of the U.S. announcing it fulfilled its commitments for implementing the EU-U.S. Data Privacy Framework (the Framework), the European Commission (the EC) formally recognized that commercial organizations...more
In a Nutshell - On 10 July 2023—nearly three years to the day after the Schrems II decision of the Court of Justice for the European Union (CJEU) (Schrems II Decision, see our Alert here)—the EU Commission has adopted the...more
On July 10, 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (“Adequacy Decision”). This ends a three-year journey to set up a successor to the EU-U.S. Privacy...more
The European Commission approved a new adequacy decision on the EU-US Data Privacy Framework on July 10, 2023. The European Commission issued a press release, stating that "[T]he decision concludes that the United States...more
The road to the adoption of a lasting framework for EU-U.S data transfers has been anything but smooth. Much like its predecessor, Safe Harbor, the EU-U.S Privacy Shield met its end in 2020 when the Court of Justice of the...more
In a significant move toward replacing the invalidated Privacy Shield, the European Commission (EC) released a draft Adequacy Decision on December 13, 2022, concluding that the U.S. legal framework provides an adequate level...more
The Data Protection Authority (“DPA”) of the German state Hamburg is one of the first European DPA to publish an optimistic assessment on the U.S. Executive Order on “Enhancing Safeguards for United States Signals...more
The White House has issued its Executive Order on Enhancing Safeguards for United States Signal Intelligence Activities (“EO”), which provides additional due process protections to the use of surveillance mechanisms by U.S....more
While the announcement is short on details, once in place, U.S.-based. entities will be able to use the new agreement to comply with the GDPR’s cross-border data transfer requirements. On March 25, the U.S. and E.U....more
In this month’s Privacy & Cybersecurity Update, we analyze the U.S. and EU’s joint commitment to create a new data transfer framework to replace the invalidated Privacy Shield, as well as Utah’s new state privacy law and...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
On June 4, the European Commission (Commission) adopted new standard contractual clauses (SCCs) for the transfer of personal data to third countries. SCCs have long been an important tool for EU data transfers, as one of only...more
On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated in “Schrems II” the EU–U.S. Privacy Shield framework, while upholding the Standard Contractual Clauses (SCCs) as a valid mechanism for...more
In mid-January 2021, the European Data Protection Board (EDPB) announced by press release that it has adopted jointly with the European Data Protection Supervisor (EDPS) written Opinions on the European Commission’s drafts...more
On November 10, 2020, the European Data Protection Board (“EDPB”) released proposed rules describing the conditions that entities subject to the European Union’s (“EU”) General Data Protection Regulation (“GDPR”) can transfer...more
italiano: La gestione gel flusso trasfrontaliero dei dati dopo la sentenza Schrems II By: Ivan Rotunno, Giulia Rivarola di Roccella, and Martina Acquaro Following the decision of the European Court of Justice of the European...more
The fallout from the Schrems II judgment continued on Tuesday with an announcement from Switzerland’s Federal Data Protection and Information Commissioner (FDPIC) that the Swiss-US Privacy Shield regime “does not provide an...more
In a dramatic and widely reported decision of 12 July 2020 in the case known as Schrems II (Data Protection Commissioner v Facebook Ireland Ltd), the Court of Justice of the European Union (“CJEU”) invalidated the decision of...more
Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final -...more
As discussed in a previous advisory, the European Union’s supreme court, the Court of Justice of the European Union (CJEU), invalidated the EU-U.S. Privacy Shield Framework (Privacy Shield) in its July 16, 2020 decision in...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