The EU’s Digital Markets Act (DMA) imposes far-reaching ex ante obligations on the largest digital platforms, so-called “gatekeepers.” It applies in parallel with antitrust rules, national regulation (which can go beyond the...more
On September 21, 2023, the UK Government announced the establishment of the “UK-US data bridge” (the Bridge), also known as the UK Extension to the EU-U.S. Data Privacy Framework (the DPF). The announcement promises to...more
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
On March 15, 2023, the European Data Protection Board (EDPB) announced a coordinated action on the role of the data protection officers (DPOs). The data protection authorities (DPAs) will ask DPOs a series of questions to...more
In anticipation of its new powers to regulate the largest digital platforms, the EU is planning to open a San Francisco base to engage with these companies, which are based mostly in Silicon Valley and the broader Bay Area....more
They State That Direct Collection of Personal Data by Non-EU Companies Is Not a "Data Transfer" Under the GDPR On November 18, 2021, the European Data Protection Board (EDPB) issued guidelines (Guidelines) that—for the first...more
As of September 27, 2021, companies relying on Standard Contractual Clauses (SCCs) to transfer personal data outside the European Union (EU) must use the new Standard Contractual Clauses (New SCCs) when signing data...more
New Set of SCCs for Data Transfers to Third Countries On June 4, 2021, the European Commission (EC) published its long awaited new set of Standard Contractual Clauses (New SCCs). This new data transfer mechanism allows for...more
On December 15, 2020, the European Commission (EC) unveiled a set of proposals to regulate digital platforms. The draft laws include antitrust-related requirements, addressed by the Digital Markets Act (DMA) and more general...more
On November 12, 2020, the European Commission (EC) issued a draft version of a new set of Standard Contractual Clauses (New SCCs). The long-awaited New SCCs include several modules that companies can use depending on the...more
On November 11, 2020, the European Data Protection Board (EDPB), comprised of the European data protection regulators (DPAs), issued two long-awaited sets of recommendations. These recommendations are critical for any...more
On September 7, 2020, the European Data Protection Board (EDPB) published draft guidelines (Guidelines) intended to clarify the roles of the parties processing personal data and when they are operating as controllers, joint...more
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
12/23/2019
/ Binding Corporate Rules ,
EU ,
EU Data Protection Laws ,
EU-US Privacy Shield ,
European Commission ,
European Court of Justice (ECJ) ,
European Supervisory Authorities (ESAs) ,
Facebook ,
International Data Transfers ,
Personal Data ,
Popular ,
Right to Be Forgotten ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Surveillance ,
US-EU Safe Harbor Framework
On July 9, 2019, the European Court of Justice (ECJ)—the highest court of the European Union—will hear oral arguments in the Schrems 2.0 case relating to the validity of two key data transfer mechanisms: the Standard...more
7/26/2019
/ Binding Corporate Rules ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Protection ,
Data Protection Authority ,
EU Data Protection Laws ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Safe Harbors ,
Standard Contractual Clauses
The UK's pending exit from the European Union on March 29, 2019, will have far-reaching effects on many business activities, including the processing of personal data. While the ultimate legal implications are subject to...more
On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large...more
On July 26, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued a statement commending the improvements made to the EU-U.S. Privacy Shield (Privacy Shield). Although the...more
On July 12, 2016, the EU Commission and the U.S. Secretary of Commerce announced the adoption of the EU-U.S. Privacy Shield (Privacy Shield). This announcement follows today's adequacy decision by the College of EU...more
7/13/2016
/ Binding Corporate Rules ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
European Commission ,
International Data Transfers ,
Model Contracts ,
Ombudsman ,
Schrems I & Schrems II ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
Two recent developments have significantly increased the already uncertain legal landscape surrounding transatlantic data flows. Earlier today, the EU Parliament voted out a resolution calling on the European Commission (EU...more
On April 14, 2016, the European Parliament formally adopted the General Data Protection Regulation (GDPR). With this vote, the new EU data protection legal framework will become legally effective in two years and 20 days from...more
On April 13, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued its opinion on the new EU-U.S. Privacy Shield.1 The WP29 acknowledged that progress has been made with...more
With a new year come exciting new developments in the world of privacy and data protection. We are thrilled to announce the launch of the digital version of The WSGR Data Advisor. Please visit our site for the latest news and...more
On February 3, 2016, the body of European data protection regulators—called the "Article 29 Working Party" (WP29)—issued a statement following the announcement of a political agreement regarding a new transatlantic data...more
On February 2, 2016, the European Commission (EU Commission) announced that a political agreement on a new legal framework for data transfers has been reached between the European Union (EU) and the U.S.1 Today's agreement...more
On October 16, 2015, the body of European data protection regulators (Article 29 Working Party or WP29) issued a statement on the implementation of the judgement of the Court of Justice of the European Union (CJEU) in...more
10/19/2015
/ Article 29 Working Group ,
Binding Corporate Rules ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
International Data Transfers ,
Model Contracts ,
Popular ,
Schrems I & Schrems II ,
US-EU Safe Harbor Framework