News & Analysis as of

Personal Data EU-US Privacy Shield Corporate Counsel

Jackson Lewis P.C.

Firings at the US Privacy and Civil Liberties Oversight Board and Potential Impact on Transatlantic Data Transfers

Jackson Lewis P.C. on

President Trump recently fired the three democrats on the Privacy and Civil Liberties Oversight Board (PCLOB). Since these firings bring the Board to a sub-quorum level, they have the potential to significantly disrupt...more

BakerHostetler

The New EU-U.S. Data Privacy Framework in Half a Dozen FAQs

BakerHostetler on

On July 10, 1962, NASA launched Telstar 1, the first active communications satellite linking Europe and the United States through live television transmission. Sixty-one years later, on July 10, 2023, the European Commission...more

Wilson Sonsini Goodrich & Rosati

EU and U.S. Finalize Data Privacy Framework: Here’s How to Get Certified

On July 10, 2023, the European Commission (EC) adopted an adequacy decision in relation to the EU-U.S. Data Privacy Framework (DPF). This paves the way for organizations to certify to the DPF, reducing friction for transfers...more

McDermott Will & Schulte

European Privacy Risk Exposure

2022 was yet another eventful year in terms of GDPR compliance. The continued evolution of the enforcement landscape, with increasing number of sanctions and individuals exercising their rights required time and attention...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The U.S. and EU Announce an “Agreement in Principle” to Replace the EU-U.S. Privacy Shield Framework: What Employers Need to Know

On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck...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

Adams & Reese

Post Schrems II World: EDPB Adopts Recommendations on Supplementary Measures for International Data Transfers

Adams & Reese on

Post Schrems II World: EDPB Adopts Recommendations on Supplementary Measures for International Data Transfers - On June 18, the European Data Protection Board (EDPB) formally adopted Version 2 of its Recommendations on...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

Vinson & Elkins LLP

Keeping Transborder Data Flowing Post-Schrems II: EU Adopts Revised Standard Contractual Clauses

Vinson & Elkins LLP on

On June 4, 2021, the European Commission announced the definitive adoption and publication of revamped Standard Contractual Clauses (“SCCs”) for the transfer of personal data to third countries pursuant to the EU General Data...more

Herbert Smith Freehills Kramer

EDPB Publishes Guidance on Cross-Border International Data Transfer & EC Proposes Draft Decision on Standard Contractual Clauses

On Nov. 11, 2020, the European Data Protection Board (EDPB) published eagerly anticipated guidance in the wake of the July 2020 European Court of Justice’s (ECJ) decision in Schrems II, outlining a process for ensuring data...more

Morgan Lewis

GDPR Hot Issues: Cookies, Data Transfers, and Enforcement Trends

Morgan Lewis on

The myriad of data privacy laws across Europe can make it challenging for companies engaged in cross-border business. Between the GDPR, the landmark Schrems II decision, local data privacy laws and Brexit complications...more

Husch Blackwell LLP

What U.S. Companies Should Know About LGPD – Brazil’s New General Data Protection Law

Husch Blackwell LLP on

Keypoint: LGPD is a complicated regulatory regime that will required U.S. entities subject to its requirements to undertake substantial compliance efforts. As documented in Dirceu Santa Rosa’s article for the IAPP’s Privacy...more

Akin Gump Strauss Hauer & Feld LLP

European Data Protection Board Forms Two New Taskforces to Address Schrems II Aftermath

On Friday September 4, 2020, the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area, announced that it had formed two new...more

Morgan Lewis

Schrems II Could Disrupt US Courts’ Common Ground on eDiscovery and Data Transfers from Europe - THE EDATA GUIDE TO GDPR

Morgan Lewis on

Schrems II may force companies obligated to produce EU personal data to the task of determining whether to comply with US discovery obligation rules that risk fines under the GDPR for illegal data transfers or to defy the US...more

Troutman Pepper Locke

Regulators React to Invalidation of Privacy Shield

Troutman Pepper Locke on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

Akerman LLP

Schrems II and EU-U.S. Personal Information Transfers: Where Are We, and What’s Next?

Akerman LLP on

The Court of Justice of the European Union (CJEU) recently issued a decision with global implications for data transfers from the EU in a case referred to the CJEU from the Irish Data Protection Commissioner, colloquially...more

Foley Hoag LLP - Security, Privacy and the...

Privacy Shield: We've Lost the EU but We've Still Got Switzerland!

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

Hogan Lovells

EU Data Exports After Schrems II – Guidance by data protection authorities

Hogan Lovells on

The table below sets out the guidance provided by data protection authorities (DPA) in response to the European Court of Justice’s landmark judgment in Case C-311/18 Data Protection Commissioner v. Facebook Ireland and...more

Orrick, Herrington & Sutcliffe LLP

How to Comply with International Transfers – The Regulatory Guidance Overview on the “Schrems II” Decision

EDPB and data protection authorities’ views and statements on the “Schrems II”- decision by the CJEU - On 16 July, 2020, the European Court of Justice (“CJEU“) passed a decision invalidating the EU-US Privacy Shield and...more

Eversheds Sutherland (US) LLP

The seismic shift of Schrems ll and what you can still do to transfer personal data to the US from the EU

If you transfer data from the EU to the US, or if your trusted service providers do, the Schrems II European Court decision1 has seismic significance - even if you do not rely on Privacy Shield.  On July 16, 2020, the Court...more

Morgan Lewis

No Grace Period After Invalidation of EU-US Privacy Shield in Schrems II

Morgan Lewis on

As discussed in an earlier alert, the Court of Justice of the European Union in a landmark decision in the Schrems II case invalidated the EU-US Privacy Shield framework, which was widely used by thousands of US organizations...more

Fisher Phillips

Time To Reassess International Data Transfers After Court Declares EU-U.S. Privacy Shield Invalid: A 4-Step Action Plan

Fisher Phillips on

The Court of Justice of the European Union just ruled that an important data protection scheme established between the European Union and the United States is invalid, calling into question many aspects of important data...more

Kilpatrick

Lower Your Privacy Shield, But Max Out Your Options for Maintaining Transatlantic Data Flow

Kilpatrick on

Any organization that relies on certification under the EU-U.S. Privacy Shield framework and/or entering into the Standard Contractual Clauses (“SCCs” or “Model Clauses”) to effectuate personal data transfers from the...more

Alston & Bird

European Data Protection Board Statement Provides Preliminary Insight into Use of Standard Contractual Clauses Following Schrems...

Alston & Bird on

On July 17, 2020, the European Data Protection Board (‘EDPB’) published a statement on the outcome of the Schrems II judgment, passed by the Court of Justice of the European Union (‘CJEU’) the day before. The judgment...more

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