News & Analysis as of October 19, 2024

Data Controller

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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 -

EDPB Adopts Opinion on the Use of Processors and Sub-processors

Alston & Bird on 10/14/2024

On October 7, 2024, the European Data Protection Board (“EDPB”) adopted an opinion on obligations following from the use of processors and sub-processors (the “Opinion”). The EDPB is the body that seeks to ensure harmonised...more

BCLP Global Data Privacy FAQs: What counts as a “transfer” of data under the EU GDPR? New draft EU Guidelines released

BCLP on 12/2/2021

It is well known that the EU GDPR (specifically, Chapter V) restricts transfers of personal data from the EU to a “third country” (i.e. a jurisdiction outside the EEA) or to an international organisation. But what is meant by...more

Transcending Transference? EDPB Offers Guidance on International Data Transfers

Vinson & Elkins LLP on 11/23/2021

On November 18, 2021, the European Data Protection Board (“EDPB”) issued guidelines on the interplay between provisions in the General Data Protection Regulation (“GDPR”) governing scope and applicability and those governing...more

Out with the Old, In with the New SCCs

Kelley Drye & Warren LLP on 9/30/2021

As of September 27, 2021, the European Commission requires controllers and processors to rely on the recently updated Standard Contractual Clauses (SCCs) for any new contracts governing personal data transfers from the EEA....more

European Commission Refreshes Standard Contractual Clauses

Knobbe Martens on 7/14/2021

The European Commission (“EC”) has long sought to improve data privacy for Europeans, even when they interact with global or non-European companies. Laws like the General Data Protection Regulation (or “GDPR”) seek to...more

German DPAs launch audit of international data transfers after Schrems II

BCLP on 6/30/2021

According to a press release of the data protection authority (DPA) of Lower Saxony earlier this month, nine German DPAs will participate in a coordinated audit of companies in Germany regarding their transfers of personal...more

EU Releases New Standard Contractual Clauses for Cross-Border Data Transfers

Holland & Knight LLP on 6/21/2021

Standard contractual clauses (SCCs) are a contract addendum with provisions governing the handling of personal information. The express language of the SCCs has been preapproved by the European Commission (Commission) to be...more

Let the (Re)contracting Begin: European Commission Adopts New Standard Contractual Clauses for International Data Transfers

Arnall Golden Gregory LLP on 6/18/2021

The European Commission (“EC”) has adopted a long-awaited new set of standard contractual clauses (“SCCs”) for the transfer of personal data to parties in third countries outside the European Union (“EU”) and European...more

European Commission Adopts New Standard Contractual Clauses for Data Transfers

Kramer Levin Naftalis & Frankel LLP on 6/17/2021

On June 4, the European Commission (EC) adopted two sets of standard contractual clauses (SCCs) for use between controllers and processers in the European Economic Area (EEA) and for the transfer of data between EEA and...more

FAQs – Standard Contractual Clauses for Controllers and Processors in the EU/EEA

Alston & Bird on 6/16/2021

Our Privacy, Cyber & Data Strategy Team answers five questions about the standard contractual clauses that aim to ensure compliance with Articles 28(3) and (4) of the General Data Protection Regulation....more

Revised Approach to Standard Contractual Clauses Creates Key Deadlines and Offers Long-Awaited Answers

Benesch on 6/15/2021

The European Commission’s long-awaited updates to the Standard Contractual Clauses (“SCCs”) have arrived. Data protection lawyers globally have eagerly anticipated these changes, which are necessary to address a legal...more

European Commission Adopts Two New Sets of Standard Contractual Clauses: What Employers Need to Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/14/2021

On June 4, 2021, the European Commission adopted two new sets of standard contractual clauses (SCCs): one for data transfers from data controllers to data processors and one for data transfers from data exporters to data...more

European Commission Adopts New Service Providers Standard Agreement (Controller-Processor SCCs)

Mintz - Privacy & Cybersecurity Viewpoints on 6/9/2021

The new standard agreement for service providers (which we’ll refer to as the Controller-Processor SCCs) adopted by the European Commission on June 4th was understandably a bit overshadowed by the release on the same date of...more

The EU Commission’s New SCCs for International Transfers: Top 5 Immediate Takeaways

Wyrick Robbins Yates & Ponton LLP on 6/9/2021

Ending months of anxious speculation from privacy lawyers around the globe, the European Commission announced on Friday that it had adopted final versions of the new Standard Contractual Clauses (the “New SCCs”) for the...more

Data Transfers from Europe: Final Version of New SCCs Published

Pillsbury Winthrop Shaw Pittman LLP on 6/7/2021

The European Commission’s decision of 4 June 2021 finalises the new SCCs for transferring personal data from the EEA. After invalidation of the Privacy Shield by Europe’s top court, many businesses came to rely upon...more

Déjà Vu All Over Again: EU High Court Invalidates Privacy Shield For EU – U.S. Data Transfers

Goodwin on 7/17/2020

Today (July 16) Europe’s highest court, the Court of Justice of the European Union (CJEU), in the case of Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (Schrems II) invalidated the EU–U.S. Privacy...more

Schrems II Confirms Validity of EU Standard Contractual Clauses, Invalidates EU–U.S. Privacy Shield

Jones Day on 7/17/2020

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

GDPR Guide to National Implementation: Denmark - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on 12/5/2019

Q1/ Applicable legislation (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? New legislation has been passed, and old legislation has been amended. ——— (b)...more

GDPR Guide to National Implementation: Cyprus - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on 11/27/2019

Q1/ Applicable legislation - (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? New legislation has been passed. ——— (b) Relevant legislation includes: ...more

GDPR Guide to National Implementation: Belgium - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on 11/18/2019

Q1/ Applicable legislation - (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? New legislation has been passed. ———...more

GDPR Guide to National Implementation: Austria - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP on 11/15/2019

Q1/ Applicable legislation - (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? Old legislation has been updated. ——— (b) Relevant legislation...more

New guidance proposed on the extra-territorial scope of the GDPR

Eversheds Sutherland (US) LLP on 12/19/2018

Companies not based in the European Union (EU) now have additional guidance to help them determine whether they have to comply with the General Data Protection Regulation (GDPR). The European Data Protection Board (EDPB), the...more

GDPR—One Month to Go: Considerations for US Asset Managers

Katten Muchin Rosenman LLP on 4/26/2018

The European Union's General Data Protection Regulation (GDPR)1 will become law in all European Union (EU) and European Economic Area (EEA) member states (including the United Kingdom, notwithstanding Brexit) one month from...more

GDPR Compliance: 10 Steps for Global Companies

Dechert LLP on 3/13/2018

An immense volume of personal data (or personally identifiable information) is proliferating and flowing throughout the world. Personal data is an incredibly valuable asset to companies but data protection and privacy laws...more

Have you started auditing your contracts with your service providers that handle EU personal data? UK Information Commissioner’s...

Mintz - Privacy & Cybersecurity Viewpoints on 9/14/2017

Many companies have started the potentially lengthy process of auditing their service provider contracts to make sure that they comply with the requirements of the General Data Protection Regulation, which comes into force on...more

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