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

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

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

Davis Wright Tremaine LLP

U.S. Fulfills Commitments for Implementing EU-U.S. Data Privacy Framework

The U.S. Secretary of Commerce, Gina Raimondo, issued a statement on July 3, 2023, announcing completion of commitments by the U.S. for implementing the Trans-Atlantic Data Privacy Framework (the "Framework"). The Framework...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

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

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

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

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

ArentFox Schiff

Schrems II and the Possibility of a Privacy Shield Successor: Will History Repeat Itself?

ArentFox Schiff on

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

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

Snell & Wilmer

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

Snell & Wilmer on

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

Society of Corporate Compliance and Ethics...

Compliance Perspectives: The End of the Privacy Shield

The Court of Justice of the European Union (CJEU) sent shockwaves through the privacy community last week. As Jonathan Armstrong of Cordery explains in this podcast, it put an effective end to the Privacy Shield because of...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

Jackson Walker

Privacy Shield Invalidated by European Union Court of Justice

Jackson Walker on

The Privacy Shield framework, which thousands of companies located in the United States have relied upon to receive transfers of personal data from the European Union, the United Kingdom, and Switzerland, has been invalidated...more

Wilson Sonsini Goodrich & Rosati

Schrems 2.0: AG Opines That Data Transfers to U.S. Are Valid Under Standard Contractual Clauses

On December 19, 2019, in the Facebook Ireland and Schrems (Schrems 2.0) case, the Advocate General (AG) to the European Court of Justice (ECJ)—European Union's highest court—opined that the EU Standard Contractual Clauses...more

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