News & Analysis as of October 18, 2024

National Security

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Navigating the New Cybersecurity Landscape: Key Implications of the EU’s NIS 2 Directive

Skadden, Arps, Slate, Meagher & Flom LLP on 10/14/2024

The deadline for EU countries to transpose the expanded cybersecurity directive, NIS 2, into national law is 17 October 2024, but the implementation status varies significantly from country to country. Some of the member...more

EU AI Act – Landmark Law on Artificial Intelligence Approved by the European Parliament

Morrison & Foerster LLP on 3/15/2024

The highly anticipated EU Artificial Intelligence Act is finally here! With extra-territorial reach and wide-reaching ramifications for providers, deployers, and users of Artificial Intelligence (“AI”), the Artificial...more

US and EU Approve Framework for Personal Data Transfers

White & Case LLP on 8/2/2023

The United States ("U.S.") and the European Union ("EU") have settled on a framework for transfers of personal data for the first time since the European Court of Justice ("CJEU") effectively invalidate the EU-U.S. Privacy...more

Where Do We Stand?: EU to US Data Transfers

Sheppard Mullin Richter & Hampton LLP on 6/12/2023

The process for data transfers from the EU to the US under Standard Contractual Clauses has been back in the news recently, leading many to ask: will the proposed EU-US Data Privacy Framework be approved by the Europeans...more

Meta Fined €1.2 Billion in Facebook Data Privacy Case: Should US Companies Be Concerned?

Woods Rogers on 5/24/2023

It has been a long time coming, but the other shoe has finally dropped. Ireland’s Data Protection Commission (DPC) fined Meta Platforms Ireland (parent of Facebook Ireland) €1.2 billion, the highest fine to date under the...more

October 2022 AFS Privacy Report: California Privacy Protection Agency Releases Updated Draft Regulations Ahead of October 28-29...

ArentFox Schiff on 10/24/2022

California Privacy Protection Agency Releases Revised Regulations - With the effective date less than three months away, and ahead of a Board Meeting on October 28 and 29, the California Privacy Protection Agency released...more

EU-U.S. and UK-U.S. Data Transfer Deals Advance with White House Executive Order

Proskauer on Privacy on 10/20/2022

A new legal mechanism to allow for transfers of personal data between the EU and the U.S. is now advancing after an October 7th, 2022 Executive Order was issued by U.S. President Biden (the “Executive Order”). The new...more

President Biden Signs Executive Order to Implement the New EU-U.S. Data Privacy Framework

Wilson Sonsini Goodrich & Rosati on 10/11/2022

On October 7, 2022, President Biden signed an Executive Order (Order) on Enhancing Safeguards for United States Signals Intelligence Activities. This marks the latest step towards the new EU-U.S. Data Privacy Framework...more

China’s Cross-Border Data Transfer Security Assessment Measures Take Effect September 1

Morgan Lewis on 8/1/2022

The Cyberspace Administration of China’s Measures for Security Assessment of Cross-border Data Transfer have retroactive effect for cross-border data transfers conducted prior to September 1, 2022. Businesses have a grace...more

New SCCs are here: what they mean and what you need to do next.

Ankura on 6/14/2021

After much anticipation, the European Commission has published new Standard Contractual Clauses (SCCs). Under the General Data Protection Regulation (GDPR), when personal data of individuals in the European Economic Area...more

You Have Been Weighed in the Balance and Found Wanting (Or at Least, Inadequate)

Womble Bond Dickinson on 10/16/2020

Article 45 of the GDPR allows the transfer of personal data from the EU to a third country when the third country ensures an “adequate level of protection” (adequacy decision). In determining “adequacy,” the GDPR provides...more

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

Akin Gump Strauss Hauer & Feld LLP on 10/14/2020

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 issues white paper regarding EU-U.S. personal data transfers

Hogan Lovells on 9/29/2020

The U.S. Department of Commerce (DOC), Department of Justice (DOJ), and the Office of the Director of National Intelligence (ODNI) jointly issued a White Paper containing information about privacy protections under U.S. law...more

The Logical Conclusion to an Illogical Conclusion: Schrems May Forbid Data Commerce from the EU to the US

Womble Bond Dickinson on 8/12/2020

The world just received the newest pronouncement from the EU Court of Justice, in a decision known as Schrems II, and the legal opinion extends the data war declared on the United States in the first Schrems decision....more

Privacy Shield No Longer Viable Basis for EU-US Data Transfers

Foley Hoag LLP on 7/17/2020

On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under...more

Privacy Shield Invalidated by Top EU Court; Standard Contractual Clauses Upheld (But There Are Still Major Challenges Ahead)

Mintz - Privacy & Cybersecurity Viewpoints on 7/16/2020

Organizations that transfer personal data from the European Union on the basis of the EU Commission-approved Standard Contractual Clauses (SCCs) may be breathing a sigh of relief on hearing that the SCCs have been upheld by...more

Jones Day Global Privacy & Cybersecurity Update | Vol. 25

Jones Day on 4/1/2020

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - Cybersecurity Standards Issued for Government Contractors - On January 31, the Office of the Under Secretary of Defense for Acquisition and...more

AG Says ePrivacy Applies to Government Access to Communications Data

Hogan Lovells on 1/20/2020

On January 15, the Court of Justice of the European Union’s (CJEU) Advocate General (AG) Manuel Campos Sánchez-Bordona delivered his Opinion on four references for preliminary rulings on the topic of retention of and access...more

Major Boost for Standard Contractual Clauses Challenged by the Schrems 2.0 Case, but More Uncertainty for the Privacy Shield

Akin Gump Strauss Hauer & Feld LLP on 12/24/2019

We reported in July 2019 that the Court of Justice of the European Union (CJEU) heard a case brought by privacy-rights activist Max Schrems, challenging the validity of Standard Contractual Clauses (SCCs), which are widely...more

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European Union › Data Protection › National Security

Navigating the New Cybersecurity Landscape: Key Implications of the EU’s NIS 2 Directive

EU AI Act – Landmark Law on Artificial Intelligence Approved by the European Parliament

US and EU Approve Framework for Personal Data Transfers

Where Do We Stand?: EU to US Data Transfers

Meta Fined €1.2 Billion in Facebook Data Privacy Case: Should US Companies Be Concerned?

October 2022 AFS Privacy Report: California Privacy Protection Agency Releases Updated Draft Regulations Ahead of October 28-29...

EU-U.S. and UK-U.S. Data Transfer Deals Advance with White House Executive Order

President Biden Signs Executive Order to Implement the New EU-U.S. Data Privacy Framework

China’s Cross-Border Data Transfer Security Assessment Measures Take Effect September 1

New SCCs are here: what they mean and what you need to do next.

You Have Been Weighed in the Balance and Found Wanting (Or at Least, Inadequate)

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

U.S. Government issues white paper regarding EU-U.S. personal data transfers

The Logical Conclusion to an Illogical Conclusion: Schrems May Forbid Data Commerce from the EU to the US

Privacy Shield No Longer Viable Basis for EU-US Data Transfers

Privacy Shield Invalidated by Top EU Court; Standard Contractual Clauses Upheld (But There Are Still Major Challenges Ahead)

Jones Day Global Privacy & Cybersecurity Update | Vol. 25

AG Says ePrivacy Applies to Government Access to Communications Data

Major Boost for Standard Contractual Clauses Challenged by the Schrems 2.0 Case, but More Uncertainty for the Privacy Shield

Cybersecurity e Responsabilità Amministrativa degli enti ex D.Lgs. 231/2001

Data Protection in the Event of a “No Deal Brexit”

EU-U.S. Privacy Shield Under Fire

International Law Bulletin - Vol. 22, No. 5

Global Privacy & Cybersecurity Update Vol. 16

Global Privacy & Cybersecurity Update Vol. 14

European Union › Data Protection › National Security

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