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International Data Transfers European Court of Justice (ECJ) General Data Protection Regulation (GDPR)

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

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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

Gardner Law

Data Privacy Framework Across the Pond

Gardner Law on

If Washington State’s My Health My Data Act (“MHMDA”) “turned the beat around” on drug and device makers, then the Schrems I and II decisions by the European Court of Justice had companies on both sides of the Atlantic...more

Guidepost Solutions LLC

New EU-U.S. Data Privacy Framework Legalizes Personal Data Transfers from the EU to US

On July 10, 2023, the European Commission announced that it had adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF). This long-awaited decision means that for the first time since the EU-U.S...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

Neal, Gerber & Eisenberg LLP

Client Alert: European Commission’s Adequacy Decision Sets Standards for US Companies to Receive Personal Data from EU Under the...

On July 10, 2023, the European Commission concluded that the US ensures an adequate level of protection for personal data transferred from the European Union to US companies under the new EU-US Data Privacy Framework. Based...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

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

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

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

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

WilmerHale

European Commission adopts and publishes new Standard Contractual Clauses for international transfers of personal data

WilmerHale on

On June 4th, 2021, the European Commission adopted and published a new set of so-called standard contractual clauses (“SCCs”) providing a legal basis for international transfers of personal data from the EU/EEA to third...more

Foley & Lardner LLP

European Commission Approves New Standard Contractual Clauses for Transfer of European Personal Data

Foley & Lardner LLP on

Earlier today, the European Commission approved and adopted a new version of the Standard Contractual Clauses (SCCs) that revises how data may be transferred by including additional privacy and legal safeguards. The remodeled...more

Snell & Wilmer

Go With the Flow: Developments in Cross-Border Data Flows Following Schrems II and the Release of New Draft International Standard...

Snell & Wilmer on

In an increasingly datafied and globalized world, businesses have become reliant upon the seamless flow of cross-border data transfers. Transatlantic data flows play an important role in the U.S. economy. The U.S. and the...more

Pillsbury Winthrop Shaw Pittman LLP

Data Transfers from Europe: New Draft SCCs Published and Regulator Guidance Issued on Schrems II Privacy Shield Decision

The EDPB has issued recommendations concerning how organisations may lawfully transfer personal data from Europe to “third countries” (e.g., the U.S. and currently the UK from 1.1.2021) in light of the recent Schrems II...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

Eversheds Sutherland (US) LLP

The Seismic Shift after Schrems II: The Future of Cross Border Data Flows for US Insurance Companies

If your company, like many other US insurance companies, has an EU or UK affiliate or parent, and you transfer personal data to the US, including employee data or even data of US persons, or if your trusted service providers...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

Epstein Becker & Green

ECJ Invalidated the EU-US Privacy Shield Framework

Epstein Becker & Green on

On July 7, the Court of Justice of the European Union (ECJ) invalidated the EU-US Privacy Shield framework in its ruling in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Case C-311/18). More than...more

Snell & Wilmer

EU Court Invalidates Privacy Shield: Standard Contracts Clauses Survive - for Now

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On July 16, 2020, the Court of Justice of the European Union (“ECJ”), EU’s highest court, issued a judgment which (i) immediately invalidated the EU – U.S. Data Privacy Shield Framework (“Privacy Shield”)1 and (ii) maintained...more

King & Spalding

European Court Strikes Down Important Data Transfer Mechanism With Immediate Effect

King & Spalding on

GDPR, the key piece of European privacy law, sets out strict controls on the transfer of personal data from the EU to non-EU jurisdictions and makes it unlawful to transfer personal data from the EU to a non-EU based...more

WilmerHale

EU High Court Strikes Down Privacy Shield, Standard Contractual Clauses Remain in Place

WilmerHale on

The European Court of Justice (the “Court”) issued the long-awaited “Schrems II” decision. (see Facebook Ireland Ltd. v. Maximillian Schrems).   In its decision, the Court (1) struck down the Privacy Shield program that...more

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