News & Analysis as of

European Commission Safe Harbors Personal Data

Falcon Rappaport & Berkman LLP

The EU-US Data Privacy Framework: Are You in Compliance?

The U.S. Departments of Justice and Commerce, as well as the European Commission recently launched the EU-US Data Privacy Framework (“DPF”), marking a significant shift from the previous frameworks such as Safe Harbor and...more

Dechert LLP

Bridge Over Troubled Data Flows: UK-US Data Bridge Approved

Dechert LLP on

The UK has approved the UK-U.S. Data Bridge facilitating flows of personal data to U.S. entities that have self-certified to the EU-U.S. Data Privacy Framework (‘DPF’), provided that those entities extend their DPF...more

Dorsey & Whitney LLP

A new scheme is in place to allow U.S. organisations to import and use personal data from the European Union - should every...

Dorsey & Whitney LLP on

On 10 July 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“DPF”). The adequacy decision is designed to relieve U.S.-based businesses and other institutions and...more

Proskauer on Privacy

One Cross-Border Mechanism Invalid, Another Upheld: Thoughts after the CJEU’s Schrems II Decision

Proskauer on Privacy on

On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield, ruling, among other things, that U.S. domestic law...more

BCLP

EU-US data transfers dealt a setback – Privacy Shield struck down by EU’s highest court and SCCs subject to more scrutiny

BCLP on

The judgment by the Court of Justice of the European Union (CJEU) in the case known as “Schrems II” has far-reaching impact for businesses looking to ensure continuity of personal data flows between the EU and the US and...more

Clark Hill PLC

EU Strikes Down EU-US Privacy Shield; Validates Standard Contractual Clauses for Data Transfers

Clark Hill PLC on

On July 16, 2020, the European Union’s Court of Justice (“CJEU”) issued its much-anticipated decision in the Schrems II case. The decision invalidates the EU-US Privacy Shield mechanism for transferring data from the EU to...more

Orrick - Employment Law and Litigation

Privacy Shield Sunk – SCCs Treading Water: What Can Companies Do to Keep Their Head Above Water

The European Court of Justice (CJEU) published its highly anticipated judgement in the case of Data Protection Commissioner Ireland v Facebook Ireland Limited, Maximillian Schrems, colloquially known as “Schrems 2.0”. There...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

European Court of Justice Declares the EU-U.S. Privacy Shield Invalid and Provides Additional Obligations on Companies Using...

On July 16, 2020, the Court of Justice of the European Union (CJEU) announced its judgment in the so-called Schrems II case (Case C-311/18), declaring that the EU-U.S. Privacy Shield is invalid because it does not provide an...more

Foley Hoag LLP

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

Foley Hoag LLP on

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

Arnall Golden Gregory LLP

EU-U.S. Privacy Shield Invalidated by European Court of Justice - Standard Contractual Clauses Upheld but Transfers Subject to...

Decision of the Court of Justice of the European Union - On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its judgment in the so-called “Schrems II” case. ...more

Balch & Bingham LLP

Court Of Justice of European Union (CJEU) Issues Schrems II Decision, Validating Standard Contractual Clauses, Invalidating EU-US...

Balch & Bingham LLP on

On July 16, 2020, the Court of Justice of the European Union (“CJEU” or “Court”) issued a significant judgment in Case C-311/18 (“Schrems II decision”) on the adequacy of protection provided by the EU-US Data Protection...more

Mintz - Privacy & Cybersecurity Viewpoints

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

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

Patterson Belknap Webb & Tyler LLP

EU Commission and United States Agree on New “Privacy Shield” for Trans-Atlantic Data Flow

U.S. and European Commission officials announced on Tuesday that they have reached an agreement in principle on a new EU-U.S. Privacy Shield to permit the flow of data between Europe and the United States. The new deal...more

K&L Gates LLP

Brussels Regulatory Brief: September/October

K&L Gates LLP on

On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

Robinson+Cole Data Privacy + Security Insider

EU safe harbor update

Last week, the Vienna Higher Regional Court ruled that most of Max Schrems’ claims against Facebook can proceed, including his claim that Facebook improperly allowed his personal information to be shared with the National...more

Orrick, Herrington & Sutcliffe LLP

German DPAs Add Further Pressure to EU-US Data Transfers

Yesterday, German federal and state (Länder) data protection authorities ("DPAs") issued a Position Paper following the recent Court of Justice of the European Union ("CJEU") ruling that struck down the EU-US Safe Harbor...more

Thomas Fox - Compliance Evangelist

Whom Should You Suspend During an Internal Investigation?

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...more

Stinson LLP

EU Strikes Down the Safe Harbor Framework for Transatlantic Data Transfers: What You Should Know and What to Do Next

Stinson LLP on

The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor...more

Robinson+Cole Data Privacy + Security Insider

EU safe harbor update

A lot has happened since the European Court of Justice’s declaration that the EU-US safe harbor framework is invalid. First, the Article 29 Working Party, an organization comprised of representatives from each data...more

BakerHostetler

Safe Harbor Is Dead, Long Live Standard Contractual Clauses?

BakerHostetler on

For the past 15 years, the EU-U.S. Safe Harbor Framework has been one of the most popular data transfer mechanisms for organizations that engage in cross-border transfers of EU personal data to the United States. In the...more

Orrick, Herrington & Sutcliffe LLP

EU Working Party Issues Statement on CJEU’s Invalidation of Safe Harbor Framework

The European Court of Justice’s (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more

Orrick, Herrington & Sutcliffe LLP

EU Working Party Issues Statement on CJEU's Invalidation of Safe Harbor Framework

The European Court of Justice's (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more

Thomas Fox - Compliance Evangelist

Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows, producer Val Lewton, whose films for RKO had some of the...more

Cozen O'Connor

The “Other” Safe Harbor: OIG Warns Healthcare Providers and Vendors Against Information Blocking and Federal Anti-Kickback...

Cozen O'Connor on

For those of us who work in the privacy and security space this past week has been a whirlwind with focus on the ramifications of the European Court of Justice (ECJ) decision invalidating the EU-U.S. Safe Harbor Agreement....more

McGuireWoods LLP

Means, Other Than Safe Harbor, of Transferring Personal Data to the U.S. Potentially Vitiated?

McGuireWoods LLP on

After the decision of October 6, 2015, of the Court of Justice of the EU (CJEU) invalidating the decision from the EU Commission (Decision 2000/520) on the Safe Harbor, transfer of personal data to the U.S. based on Standard...more

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