News & Analysis as of

Cross-Border Transactions Personal Data

Katten Muchin Rosenman LLP

The Cybersecurity Administration of China Issues Relaxed Rules for Cross-Border Data Transfers

On March 22, 2024, the Cybersecurity Administration of China (CAC), issued the long-awaited new Regulations on Promoting and Regulating Cross-Border Data Flows (the New Regulations) for compliance with China's Personal...more

Sheppard Mullin Richter & Hampton LLP

China Issues Regulations on Facilitating and Regulating Cross-Border Data Flow

On March 22, 2024, nearly six months after the release of the “draft Provisions on Regulating and Promoting Cross-border Data Transfer” (the “Draft Rules”), the Cybersecurity Administration of China (the “CAC”) formally...more

BCLP

GBA Standard Contract to Promote Cross-Border Data Flow: HKSAR and the GBA - a Standard Contract

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On 13 December 2023, the Innovation, Technology and Industry Bureau (ITIB) and the Cyberspace Administration of China (CAC) issued the “Standard Contract for the Cross-boundary Flow of Personal Information Within the...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2024

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CYBERSECURITY CISA- FBI + MS-ISAC Issue Warning on Phobos Ransomware- To help organizations protect against ransomware, CISA, the FBI, and the Multi-State Information Sharing and Analysis Center (MS-ISAC) released a...more

Robinson+Cole Data Privacy + Security Insider

White House Executive Order to Establish New Cross-Border Sensitive Data Transfer Control Regime

On February 28, 2024, the Justice Department published an Advanced Notice of Proposed Rulemaking (ANPRM) to seek public comments on the establishment of a new regulatory regime to restrict U.S. persons from transferring bulk...more

Wilson Sonsini Goodrich & Rosati

New Executive Order Restricts Certain Cross-Border Transactions Involving Sensitive Personal Data of U.S. Citizens

On February 28, 2024, President Biden signed Executive Order 14117 (the Order) aimed at protecting Americans’ sensitive personal data and U.S. Government-related data from exploitation by “countries of concern.” This move...more

A&O Shearman

DOJ Proposes New Licensing Regime for the Bulk Sale of Americans’ Personal Data

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On February 28, 2024, President Biden issued an Executive Order (EO) entitled, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern,” outlining a new...more

Alston & Bird

CBDF Research Fellow Theodore Christakis Publishes Study on Cross-Border Data Transfers and the EU’s “Zero Risk” Approach

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Theodore Christakis, Professor of International Law at the University Grenoble Alpes and Senior Fellow and Director of Research for Europe at the Cross-Border Data Forum, has published a new comprehensive analysis on...more

Skadden, Arps, Slate, Meagher & Flom LLP

China Intends To Ease Controls Over Cross-Border Data Transfers

On September 28, 2023, the Cyberspace Administration of China (CAC) published the draft Provisions on Regulating and Promoting Cross-Border Data Transfers (Draft Provisions). If adopted into law in their current form, the...more

Jenner & Block

Client Alert: UK and US Agree to “Data Bridge”

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On the heels of the EU-US Data Privacy Framework (DPF), another bridge has been built across the Atlantic to streamline data transfers between businesses. In July, the European Commission adopted its much-anticipated...more

Lighthouse

Navigating Cross-Border eDiscovery Issues in the Wake of a U.S. Adequacy Determination

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At Lighthouse our teams have the benefit of working across numerous clients, cases, and jurisdictions. As a result, we are building deep institutional knowledge across many aspects of eDiscovery that may be more difficult for...more

Sheppard Mullin Richter & Hampton LLP

Considerations for Participation in the EU-US Data Privacy Framework

Now that the EU has adopted its adequacy decision for the EU-US Data Privacy Framework (DPF), many companies are assessing whether participation makes sense. Participation by a US entity is a mechanism -but not the only...more

Wilson Sonsini Goodrich & Rosati

European Commission Proposes New Rules for Cross Border GDPR Enforcement

On July 4, 2023, the European Commission (EC) published its proposal for a regulation laying down additional procedural rules for the enforcement of the EU General Data Protection Regulation (GDPR) (proposal). The proposal...more

Latham & Watkins LLP

Texas Passes Onerous Data Privacy Law

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The stringent law introduces several novel obligations and a unique approach to determining applicability that may broaden its reach. On June 18, 2023, Texas enacted the Texas Data Privacy & Security Act (TDPSA), which...more

Latham & Watkins LLP

New CFIUS Executive Order Outlines 5 Risk Factors: Key Takeaways

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President Biden sends a message to foreign investors and the business community that CFIUS will closely scrutinize transactions presenting certain risk factors. On September 15, 2022, President Biden issued an Executive...more

Perkins Coie

CAC Seeks Public Comment on China’s New Personal Privacy Contract

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The Cyberspace Administration of China (CAC), the country’s internet watchdog, began collecting feedback on the draft provisions with respect to the release of its Standard Contract for Outbound Cross-border Transfer of...more

Morgan Lewis

China Releases Standard Contractual Clauses for Cross-Border Data Transfers

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The Cyberspace Administration of China released for public consultation its long-awaited template for the cross-border data transfer agreement on June 30, 2022, under the draft Provisions on the Prescribed Agreement on...more

StoneTurn

CFIUS: Three Trends to Know

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Foreign direct investment regimes, including CFIUS, regularly review transactions to assess potential risks to national security. What should organizations know about key trends behind a potential CFIUS review?...more

Sheppard Mullin Richter & Hampton LLP

Formation of CBPR Forum Signals Continued Movement

As we have written in the past, APEC’s Cross-Border Privacy Rules (CBPR) program is intended to help companies more easily transfer personal data across borders. Participating companies complete self-assessments and...more

Sheppard Mullin Richter & Hampton LLP

Cross-Border Transfer of Personal Information under China’s Cybersecurity Law

China’s Cybersecurity Law (the “Cybersecurity Law”) took effect on June 1, 2017. The Cybersecurity Law consists of 79 articles in total. According to Article 2 thereof, the Cybersecurity Law would apply to the construction,...more

Sheppard Mullin Richter & Hampton LLP

New Year, Same Transfers (for now): Temporary Brexit Deal Keeps EEA-UK Data Flowing

Many in the world have been watching the Brexit deal closely, including privacy lawyers and others who deal with global data transfers. Under the recently-announced deal, a temporary solution will allow companies to continue...more

Foley & Lardner LLP

European Commission Publishes Draft Standard Contractual Clauses

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On November 12, 2020, the European Commission (“EC”) published a draft implementing decision on standard contractual clauses (“SCCs”) for the transfer of personal data to third countries pursuant to the General Data...more

K2 Integrity

A Guide to Cybersecurity to Address CFIUS Considerations

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Investors and deal makers are taking note: The Committee on Foreign Investment in the United States (CFIUS, or the Committee) will focus on foreign investment in U.S. businesses that could lead to cybersecurity...more

McDermott Will & Emery

Spotlight on Sensitive Personal Data as Foreign Investment Rules Take Force

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New CFIUS rules—which took effect February 13, 2020—underscore the need for privacy diligence in deals involving foreign investments and signal a larger trend toward heightened regulatory scrutiny of foreign access to...more

Vinson & Elkins LLP

[Event] CFIUS Reform Regulations Go Into Effect on February 13: What You Need to Know About the New CFIUS - Feb. 11th, 12:00 pm CT...

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On January 13, 2020, the U.S. Department of the Treasury, which chairs the Committee on Foreign Investment in the United States (“CFIUS”), released the final regulations to implement the 2018 CFIUS reform law, the Foreign...more

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