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International Data Transfers European Court of Justice (ECJ) Data Protection

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

Ropes & Gray LLP

It's All Relative: Analysing The CJEU's Judgment On The Scope Of Pseudonymous Personal Data

Ropes & Gray LLP on

In a decision with significant legal and operational ramifications for organisations of all shapes and sizes, the Court of Justice of the European Union (CJEU) last week confirmed that pseudonymised data will not always and...more

Husch Blackwell LLP

Adoption of EU/U.S. Data Privacy Framework

Husch Blackwell LLP on

Key Point: The European Commission has adopted an adequacy decision for the EU-U.S. Data Privacy Framework, which allows certain businesses to transfer data from the EU to the U.S. without the need for additional transfer...more

McDermott Will & Schulte

Get Ready to Update Your Binding Corporate Rules Regulators Expand Requirements

At the end of June, the European Data Protection Board (EDPB) published its Recommendations (Recs) on Binding Corporate Rules (BCRs). Among other things, the Recs require existing and in process BCRs to: - Incorporate...more

Littler

The “Trans-Atlantic Data Privacy Framework” – Finally a Legally Secure Data Transfer to the United States?

Littler on

Since the European Court of Justice (ECJ) declared the “Safe Harbour” agreement—which had permitted U.S. companies to comply with EU restrictions on the transfer of personal data outside the EU—invalid in October 2015,...more

Orrick, Herrington & Sutcliffe LLP

Advocate General of ECJ on GDPR Damages. Is relief from non-substantial claims in sight?

While claims for damages in the event of data protection violations have theoretically existed for some time, they have been gaining in importance since the introduction of the General Data Protection Regulation ("GDPR")....more

Goodwin

U.S. And EU Reach Political Agreement on a New Trans-Atlantic Data Privacy Framework: The Implications for Businesses

Goodwin on

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

Robins Kaplan LLP

Why Businesses are Busy Now Updating Compliance Around Transfers of European Data to Comply with a September 27 Deadline—And Why...

Robins Kaplan LLP on

Personal data transfers from the European Economic Area (“EEA”) to most other countries, including the United States, require companies to take prompt compliance action. The General Data Protection Regulation (“GDPR”)...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

Neal, Gerber & Eisenberg LLP

NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler

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

A&O Shearman

Irish DPC gets go ahead in latest chapter of the saga of Max Schrems and Facebook

A&O Shearman on

On 14 May the Irish High Court handed down its judgment in the judicial review case brought by Facebook Ireland Ltd (FBI) against the Irish Data Protection Commission (DPC), finding substantially in favour of the DPC....more

Lighthouse

The Impact of Schrems II & Key Considerations for Companies Using M365: The Background

Lighthouse on

In 2016, European companies doing business in the US were able to breathe a sigh of relief. The European Commission deemed the Privacy Shield to be an adequate privacy protection. For the next half a decade, this shield, as...more

Herbert Smith Freehills Kramer

European Court of Justice Invalidates EU-US Privacy Shield Framework

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

Association of Certified E-Discovery...

[Webinar] Now What? Cross-Border and International Discovery Post-Schrems II - September 15th, 1:00 pm - 2:00 pm EDT

Cross-border and international discovery can be complicated. And the recent invalidation of the EU-U.S. Privacy Shield Program by the European Union Court of Justice in Irish Data Protection Commissioner v. Facebook Ireland...more

Neal, Gerber & Eisenberg LLP

European Court Invalidates Privacy Shield, Large Implications for U.S. Companies Likely

U.S. companies will face restrictions on transferring and storing information about European residents after the European Court of Justice ruled that such transfers exposed Europeans to American government surveillance...more

Alston & Bird

EU DPAs Announce Post-Schrems Enforcement Plans

Alston & Bird on

The European Court of Justice (ECJ) issued its much-anticipated decision in the Schrems II case.  As we analyze in detail in an earlier blog post, the ECJ’s decision invalidates Privacy Shield while leaving Standard...more

McGuireWoods LLP

ECJ Invalidates the EU-US Privacy Shield! How Safe is it to Use SCCs for Data Transfers from the EU to the US?

McGuireWoods LLP on

In its long awaited judgment in the Schrems II case, the ECJ has this morning invalidated the EU-US Privacy Shield citing the “limitations on the protection of personal data arising from the domestic law of the United States...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

Womble Bond Dickinson

EU Standard Contractual Clauses Likely to Survive for Now, but Risks Remain

Womble Bond Dickinson on

On December 19th the EU Advocate General for the European Court of Justice issued an advisory opinion to the court in the case known as Schrems II. The main question presented to the court is the validity of the EU standard...more

Hogan Lovells

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

Hogan Lovells on

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into...more

Alston & Bird

Swiss-U.S. Privacy Shield Finalized

Alston & Bird on

On January 11, U.S. and Swiss authorities announced final agreement on the Swiss-U.S. Privacy Shield Framework. The Framework defines standards for handling personal data exported from Switzerland to the U.S. and enables U.S....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

BakerHostetler

Privacy Rights Group Files First Legal Challenge to EU-U.S. Privacy Shield

BakerHostetler on

Digital Rights Ireland, an Irish privacy advocacy group, has filed the first legal challenge to the EU-U.S. Privacy Shield, the Trans-Atlantic agreement reached earlier this year to permit the lawful transfer of personal data...more

McDermott Will & Schulte

The Privacy Shield: September 30, 2016, Deadline for Early Self-Certification Offers Compliance Opportunity and Risk

The European Commission recently determined that the Privacy Shield Framework is adequate to legitimize data transfers under EU law, providing a replacement for the Safe Harbor program. The Privacy Shield is designed to...more

King & Spalding

Agreement “In Principle” On New US-EU Safe Harbor Pact

King & Spalding on

The European Union announced on October 26, 2015, that it had reached an agreement “in principle” with the United States on a new transatlantic data-sharing pact—though a final agreement between the parties is likely still...more

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