News & Analysis as of

International Data Transfers European Court of Justice (ECJ) Corporate Counsel

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court Upholds EU-US Data Flows in Latombe v Commission

Under the EU General Data Protection Regulation (GDPR), the European Commission can issue “adequacy” decisions allowing data to be transferred from the EU to a non-EEA country without additional security measures such as...more

Lowenstein Sandler LLP

The EU-U.S. Trans-Atlantic Data Privacy Framework Moves Closer to Approval: Why It Matters for Your Business

Lowenstein Sandler LLP on

President Biden recently signed the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities and supporting regulations (collectively, the “Executive Order”), enhancing privacy and civil...more

Sunstein LLP

The European Commission Publishes Comprehensive Contractual Clauses For Use in Data Transfers from Europe

Sunstein LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

The European Data Protection Board (EDPB) Finalises Guidance on International Transfers of Personal Data Following Europe’s Top...

The guidance outlines how organisations should approach international transfers and confirms examples of supplemental measures that can be adopted to ensure ongoing compliance and seeking to de-mystify earlier uncertainty. ...more

Morgan Lewis

European Data Transfers: ECJ Advocate General Greenlights Standard Contractual Clauses

Morgan Lewis on

Following a legal challenge to the validity of data transfers from organizations in Europe to organizations in countries like the United States, the opinion of the Advocate General (AG) of the Court of Justice of the European...more

Katten Muchin Rosenman LLP

An Irish Court Clouds the Future of EU Data Transfers: The Luck of the Model Clauses May Be Done

There was a new and potentially significant development this week in the Irish courts that could mark the start of a fundamental change in the field of privacy law and the transfer of personal data from the European Union to...more

Alston & Bird

EU Releases Amendments to Model Clause and Country-Whitelisting Decisions – with Good News for Companies

Alston & Bird on

Most privacy professionals are familiar with the European Court of Justice’s 2015 Schrems decision, which struck down the US-EU Safe Harbor mechanism. One lesser-discussed aspect of the ECJ’s decision related to the powers...more

Mintz - Privacy & Cybersecurity Viewpoints

(So) What if there’s no Safe Harbor 2.0?

There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially...more

BakerHostetler

Safe Harbor Is Dead, Long Live Standard Contractual Clauses?

BakerHostetler on

For the past 15 years, the EU-U.S. Safe Harbor Framework has been one of the most popular data transfer mechanisms for organizations that engage in cross-border transfers of EU personal data to the United States. In the...more

Orrick, Herrington & Sutcliffe LLP

California Updates its Data Breach Notice Statute (Again)—What You Need to Know

On October 6, California Governor Jerry Brown signed legislation updating California’s data breach notice statute for the third time in three years.  The news was quickly overshadowed by the CJEU’s decision invalidating the...more

Perkins Coie

Navigating the Unsafe Harbor: Keep Calm and Carry On

Perkins Coie on

The Court of Justice of the European Union (CJEU) issued its landmark decision in Maximillian Schrems v. Data Protection Commissioner on October 6, 2015, ultimately invalidating the U.S.-EU Safe Harbor Framework. Under...more

Orrick, Herrington & Sutcliffe LLP

US–EU Safe Harbor – Struck Down!

1. CJEU finds Safe Harbor Invalid - In a landmark ruling delivered today, Europe's highest court, the Court of Justice of the European Union (CJEU) declared that the EU Commission's US - EU Safe Harbour regime is...more

Proskauer - Privacy & Cybersecurity

US-EU Safe Harbor Invalidated: What Now?

On October 6, 2015, the European Court of Justice (CJEU) invalidated the US-EU Safe Harbor framework, effective immediately. This momentous decision jeopardizes the continued flow of data from Europe to the US. As the Safe...more

Mintz - Privacy & Cybersecurity Viewpoints

ECJ Advocate General’s Safe Harbor Opinion Points Towards Imminent End of Safe Harbor As We Know It

Does your company rely on Safe Harbor to transfer personal data from Europe to the US? If so, it’s time to think about alternatives to Safe Harbor – and fast....more

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