News & Analysis as of September 18, 2024

Cross-Border Transactions

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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 -

United States v. Eaton: IRS Summons Power Overrides EU Privacy Laws

McDermott Will & Emery on 6/3/2024

A US federal district court judge recently endorsed the broad investigative powers of the Internal Revenue Service (IRS) in United States v. Eaton Corp., No. 1:23-mc-00037, May 16, 2024 (N.D. Ohio). During its audit of...more

EDPB Provides Guidance on Determining Primary Supervisory Authority

Sheppard Mullin Richter & Hampton LLP on 2/28/2024

This month the EDPB shed light on the question of lead supervisory authorities. The issue arose in response to a question late last month from the French supervisory authority. Some background. As most international...more

DPA 101: Do You Know Where Your Data Is?

Sheppard Mullin Richter & Hampton LLP on 2/28/2024

As more and more states enact laws that mirror aspects of GDPR, and as companies begin to get used to the EU’s new standard contractual clauses, now may be a good opportunity for a refresh on data sharing agreements. As most...more

Considerations for Participation in the EU-US Data Privacy Framework

Sheppard Mullin Richter & Hampton LLP on 9/8/2023

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

New EU-US Data Privacy Framework Promises Greater Ease for Cross-Border Transfers, but Uncertainty Remains

Foley Hoag LLP - Security, Privacy and the... on 7/31/2023

On July 10, 2023, the European Commission (EC) adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF, or “Privacy Framework”), which establishes the Privacy Framework as an authorized mechanism...more

EDPB Adopts Binding Corporate Rules Recommendations

Sheppard Mullin Richter & Hampton LLP on 7/6/2023

As those in the privacy world await the outcome of the EU-US privacy framework negotiations, the EDPB was in the news recently for a different mechanism for data transfers: Binding Corporate Rules. Namely, it adopted...more

EU’s Initial Response to US Proposed Data Transfers Framework

Sheppard Mullin Richter & Hampton LLP on 12/23/2022

The EU released its draft adequacy decision for the EU-US Data Privacy Framework, but all is not smooth sailing. As we wrote in October, the US developed the proposed new framework in response to the declared inadequacy of...more

Waiting on a new EU-US Privacy Shield

Sheppard Mullin Richter & Hampton LLP on 4/29/2022

It has been almost two years since the Privacy Shield was struck down as a valid data transfer mechanism in Schrems II. Many have been wondering “what’s next”? Will there be a replacement framework? When will that be...more

Privacy Report: FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements

ArentFox Schiff on 7/16/2019

Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more

Not Just For Facebook

Sherman & Howard L.L.C. on 10/7/2015

The issue of cross border data transfer—including employee data— that is. Four years ago, Austrian law student Max Schrems attended a semester abroad study at Santa Clara University in Silicon Valley, where he heard one...more

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