On July 10, 2023, the EU Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework, concluding that the United States ensures an adequate level of protection for personal data transferred from the...more
On May 30, 2023, the Cyberspace Administration of China ("CAC") issued the "Guidance on Filing the Standard Contract for the Cross-Border Transfer of Personal Information" ("Guidance"), which took effect on June 1, 2023....more
On October 7, 2022, President Biden signed an executive order on "Enhancing Safeguards for United States Signals Intelligence Activities," outlining the measures that the United States will take to implement its commitments...more
EU and UK data protection rules each restrict transfers of personal data to third countries not regarded as having an adequate level of protection, such as the United States, China, Russia and India....more
The Background: Transfers of personal data to countries outside the European Economic Area ("EEA") must meet certain requirements under the General Data Protection Regulation ("GDPR"). If the third country does not provide an...more
An interest group of EU banks that was formed to assist European financial institutions with their use of public cloud technology recently suggested model terms for the compliant use of cloud technology.
On May 17, 2021,...more
The Situation: The European Union and United Kingdom have both warned companies to prepare for a no-deal Brexit.
The Result: There is a real possibility that the Brexit Implementation Period will end on 31 December 2020...more
The Situation: After the invalidation of the EU-U.S. Privacy Shield by the Court of Justice of the European Union ("CJEU"), the conditions under which international data may flow from the European Union continue to remain...more
11/23/2020
/ Binding Corporate Rules ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses
The Situation: On October 6, 2020, the Court of Justice of the European Union ("CJEU") held that the national security laws of the United Kingdom, France, and Belgium, which each require that providers of electronic...more
11/6/2020
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Protection ,
Data Retention ,
Data Security ,
e-Privacy Directive ,
Electronic Communications ,
EU-US Privacy Shield ,
International Data Transfers ,
Location Data ,
Member State ,
National Security ,
Standard Contractual Clauses
The Situation: The Court of Justice of the European Union ("CJEU") has ruled that international data flows under the European Union's comprehensive data protection regime, the GDPR, can continue to be based on EU Standard...more
The Situation: The United Kingdom is due to leave the European Union ("EU") on 31 October 2019. Negotiations between member states of the EU excluding the United Kingdom ("EU27") and the United Kingdom are ongoing, but it is...more
10/1/2019
/ Corporate Counsel ,
Data Protection ,
EU-US Privacy Shield ,
European Commission ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
International Data Transfers ,
Member State ,
No-Deal Brexit ,
Personal Data ,
Standard Contractual Clauses ,
UK Brexit
The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more
10/17/2017
/ Binding Corporate Rules ,
Cybersecurity ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Facebook ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Ireland ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework