News & Analysis as of October 19, 2024

European Economic Area (EEA)

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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 -

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

Bradley Arant Boult Cummings LLP on 7/29/2024

In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

A&O Shearman on 7/23/2024

On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

Privacy and AI in Israel and worldwide: a look to 2024

Barnea Jaffa Lande & Co. on 1/29/2024

During 2023, privacy protection and artificial intelligence regulation continued apace and their implications continued to be a major focus in Israel and around the world. In Israel, this was reflected in a number of...more

Privacy & Cybersecurity Update - July 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 8/2/2023

In this month’s Privacy & Cybersecurity Update, we examine the newly established data privacy framework between the EU and U.S. and new consumer privacy laws in Oregon and Texas. We also review a court ruling that delayed...more

European Commission Adopts Korean Adequacy Decision

Sheppard Mullin Richter & Hampton LLP on 1/7/2022

The European Commission recently adopted an adequacy decision regarding the Republic of Korea’s data protection laws. As a result of this decision, personal data can freely flow between the EEA and South Korea without the...more

The European Commission’s New Standard Contractual Clauses: Transferring Personal Data from the EU (A Long Overdue “Take Two”)

Butler Snow LLP on 9/20/2021

On June 4, 2021, the European Commission adopted a new, highly anticipated set of standard contractual clauses to facilitate the transfer of personal data out of the European Economic Area (“EEA”) in accordance with the...more

EU-UK Trade and Cooperation Agreement Provides a Grace Period for Free Flow of Personal Data

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/27/2021

After the political and constitutional upheaval of the last four years that has been Brexit, a trade deal - the EU-UK Trade and Cooperation Agreement - was finally reached between the United Kingdom (UK) and the European...more

Privacy Shield: We've Lost the EU but We've Still Got Switzerland!

Foley Hoag LLP - Security, Privacy and the... on 8/4/2020

In the wake of the Schrems II decision invalidating the the EU-US Privacy Shield, the US Department of Commerce has decided it should make lemonade out of the Schrems lemons. The Department recently issued a set of FAQs,...more

EDPB Issues FAQ After Schrems II, EU Regulators Provide Conflicting Interpretations and Guidance

Foley & Lardner LLP on 8/4/2020

Still grappling with the aftershocks of the Schrems II decision from the CJEU on July 16 (we previously discussed the Schrems II decision here), the European Data Protection Board (“EDPB”) has issued a Frequently Asked...more

Schrems II Fallout Continued: Can Companies Rely on Consent?

Sheppard Mullin Richter & Hampton LLP on 8/3/2020

The EDPB has provided input about consent in its recent FAQs responding to the Schrems II invalidation of Privacy Shield. As we wrote about previously in this series, Schrems II impacted how companies transfer data from the...more

Special Report - Schrems II: What Does the CJEU’s Decision Mean for Transfers from the EEA to the US?

McDermott Will & Emery on 7/31/2020

In our Schrems II Practical Guidance special reports, members of McDermott’s internationally recognized Global Privacy & Cybersecurity group have outlined practical guidance and next steps to ensure your business is prepared...more

Schrems II: SCCs Valid (in Principle), Privacy Shield Struck Down – Time for Action

Dechert LLP on 7/24/2020

Key Takeaways - The EU-U.S. Privacy Shield does not ensure an adequate level of protection of personal data and is therefore not a lawful basis for data transfers to the U.S....more

Schrems II: EU-US Privacy Shield Struck Down, but European Commission Standard Contractual Clauses Survive

Skadden, Arps, Slate, Meagher & Flom LLP on 7/20/2020

On July 16, 2020, the Court of Justice of the European Union (CJEU) struck down the EU-U.S. Privacy Shield as a valid mechanism for transferring personal data from the European Economic Area (EEA) to the United States...more

Privacy, HIPAA, Security and GDPR – COVID-19 Considerations

McDermott Will & Emery on 3/13/2020

PRIVACY, HIPAA, SECURITY AND GDPR - The introduction and spread of COVID-19 to communities across the globe has created numerous privacy and security compliance questions and challenges. Below, we address several frequently...more

How Will Brexit Affect the GDPR’s Governance Over the UK?

Foley & Lardner LLP on 5/22/2019

Since the referendum to leave the EU rocked the UK in 2016, commentators, privacy personnel, and corporate officers alike have been speculating as to how Brexit will affect Britain’s subjugation to the General Data Protection...more

EU-Japan Adequacy Decision now in force

White & Case LLP on 1/31/2019

The European Commission and the Personal Information Protection Commission of Japan have agreed mutual adequacy decisions regarding the transfer of personal data. This is a significant development, and allows businesses to...more

Privacy & Cybersecurity Update - November 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 12/5/2018

In this month's edition of our Privacy & Cybersecurity Update, we examine a declaration on ethical considerations for artificial intelligence, the annual joint review of the Privacy Shield, a new lawsuit from a snack food...more

Privacy & Cybersecurity Update - October 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 11/1/2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more

Will Brexit Undermine U.K. Participation in the General Data Protection Regulation and the U.S./E.U. Privacy Shield?

Womble Bond Dickinson on 7/6/2016

The June 23, 2016 Brexit referendum outcome in the U.K. does create uncertainty about whether the U.K. will continue to follow EU data protection laws, including implementation of the E.U.'s new General Data Protection...more

Transfer of Employees’ Personal Data from Germany to the United States under German Data Privacy Law

K&L Gates LLP on 10/12/2015

Following the ECJ’s decision in the “Schrems” case which has invalidated the Safe Harbor framework multinational corporations may now face profound privacy law related compliance issues in a multitude of jurisdictions. In the...more

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