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Cross-Border Personal Data Transfers: Proposed New SCCs Impose Significant Restrictions on Businesses

The European Commission recently published two highly anticipated draft documents to facilitate data transfers. The first was the new, updated and modernised standard contractual clauses (“New SCCs”) for the transfer of...more

Draft Guidance on Supplementary Measures for Cross-Border Personal Data Transfers

On November 10, 2020, the recently established Taskforce of the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area (EEA),...more

Further Tension Between National Security and Protecting Privacy: Latest EU Judgments

United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more

U.S. Government Releases White Paper on Schrems II Decision

The U.S. Department of Commerce, Department of Justice, and Office of the Director of National Intelligence have prepared a White Paper providing a detailed discussion and analysis of the July 16th Data Protection...more

Court of Justice of the European Union Rules Privacy Shield Invalid and Standard Contractual Clauses Can Remain But Only in...

On July 16, 2020, the Grand Chamber of the Court of Justice of the European Union (CJEU) in Luxembourg handed down its highly anticipated judgment in a case brought by privacy activist Max Schrems (C-311/18, Data Protection...more

10 Things You Need to Know About the EU White Paper on Artificial Intelligence

On February 19, 2020, the European Commission (Commission) published proposals for the regulation of Artificial Intelligence (AI) with potentially far-reaching implications both for users and developers worldwide. The...more

Continuing GDPR Pressure for Adtech

Data protection authorities (DPAs) in the European Union (EU) continue to scrutinize practices in the adtech sector for compliance with the EU’s General Data Protection Regulation (GDPR) and local data protection and...more

A Year of GDPR: Five Recommendations to Help Limit Regulatory Scrutiny

A year ago, on May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) came into force. With its extraterritorial scope and detailed requirements, the GDPR aimed to change the approach to personal data...more

Proposed Guidance on the Extraterritorial Scope of the GDPR

The EU General Data Protection Regulation (GDPR), which revised and sought to ensure greater harmonization of the European Union’s data protection framework, took effect in May 2018. Among the changes it introduced was the...more

Non-profit Activists’ Strategic Pursuit of Alleged GDPR Violations Spurs Compliance Developments

• Non-profit organizations are testing companies’ GDPR compliance through targeted requests for information and other means and are filing complaints against allegedly non-compliant companies. • Main areas for non-profit...more

Recent Conference Highlights Cyber Risks and How to Protect Against the Same

On February 13-14, 2018, Advisen held a conference focused on exploring cyber risks and how companies can best move to address potential exposures. Below are key takeaways and trends discussed by the panelists....more

Dynamic IP Address May Now be Protected Personal Data Under EU Law

On October 19, 2016, the Court of Justice of the European Union (CJEU) issued a judgment determining that dynamic Internet protocol (IP) addresses may constitute “personal data” subject to protection under the EU’s Data...more

EU-U.S. Privacy Shield: “Open for Business”

On August 1, 2016, the Department of Commerce began accepting applications for self-certification under the new Privacy Shield requirements. Privacy Shield was approved by the European Union (EU) on July 12, 2016, and...more

EU-U.S. Privacy Shield Adopted by European Commission Article 31 Committee

On July 8, 2016, the European Commission Article 31 Committee, consisting of representatives from each of the EU member states, approved the revamped EU-U.S. Privacy Shield. This news marks a significant step forward for the...more

Enforcement Action Possible Against Those Who Rely on Safe Harbor to Transfer Information from the EU to the United States

Wednesday, February 3, brought additional developments pertaining to the transfer of personal data from the EU to the U.S. consistent with EU privacy law. Just one day prior, we reported on the announcement by the EU and U.S....more

The EU General Data Protection Regulation

On December 15, 2015, European Union (“EU”) politicians and officials reached a political agreement on a new EU-wide legal framework to govern data sharing and collection and related consumer privacy rights. It is called the...more

European Court of Justice Strikes Down Data Transfer Agreement Between United States and European Union

If you read one thing... - Just this week, Europe's highest court struck down the U.S.-EU Safe Harbor Framework, stating that it failed to adequately protect the privacy rights of EU citizens. - The ruling,...more

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