News & Analysis as of

Safe Harbors European Union 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

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

Sunstein LLP

The EU’s New Privacy Rules: The Promise and Peril for US Data Processors

Sunstein LLP on

The European Union’s General Data Protection Regulation (GDPR) prohibits transfers of personal information about Europeans to destinations outside of the EU unless one of several tests is satisfied. As pertains to transfers...more

Womble Bond Dickinson

Irish Data Case Against Facebook Could Complicate All Data Transfers to the US

Womble Bond Dickinson on

Will the EU finally deny the right to transfer any personal data from its shores to the United States? Its privacy decisions have been inching closer to this determination for years, and an Irish case against Facebook may tip...more

Troutman Pepper

Schrems Strikes Again: Battery of New Data Privacy Complaints Raise Compliance Questions for EU-U.S. Data Transfers

Troutman Pepper on

Barely one month after the Court of Justice of the European Union (CJEU) issued its Schrems II decision striking down the EU-U.S. Privacy Shield Framework (Privacy Shield), Austrian privacy activist Max Schrems has filed 101...more

Carlton Fields

Guidance Released From German Data Protection Authority: Time to Review EU Data Transfer Mechanisms

Carlton Fields on

In the wake of Schrems II, the July 16, 2020, decision from the European Court of Justice that invalidated the EU-U.S. Privacy Shield as a legal means of data transfer between the European Union and the United States,...more

Foley & Lardner LLP

European High Court Invalidates EU-U.S. Privacy Shield but Upholds Standard Contractual Clauses with Additional Safeguards

Foley & Lardner LLP on

On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its anxiously-awaited judgment in the Schrems II case. The CJEU’s decision upheld the Standard Contractual Clauses (SCCs) but, somewhat surprisingly,...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

Akin Gump Strauss Hauer & Feld LLP

Court of Justice of the European Union Rules Privacy Shield Invalid and Standard Contractual Clauses Can Remain But Only in...

On July 16, 2020, the Grand Chamber of the Court of Justice of the European Union (CJEU) in Luxembourg handed down its highly anticipated judgment in a case brought by privacy activist Max Schrems (C-311/18, Data Protection...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

Latham & Watkins LLP

CJEU Invalidates EU-US Privacy Shield

Latham & Watkins LLP on

A ruling by the EU’s top court invalidates the key mechanism for transferring personal data from the EU to the US and imposes additional conditions for use of the standard contractual clauses. On 16 July 2020, the Court of...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

Sheppard Mullin Richter & Hampton LLP

CJEU Invalidates Privacy Shield, But Upholds SCCs with Conditions

On July 16, 2020, in the case colloquially known as “Schrems II,” the Court of Justice of the European Union (CJEU) struck down the EU-US Privacy Shield, finding it an invalid mechanism for transferring data from the EU to...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

Pillsbury Winthrop Shaw Pittman LLP

Privacy Shield: The International Data Transfer Scheme Struck Down

Trans-Atlantic transfer scheme relied on by thousands of EU and U.S. organisations to transfer personal data from the EU to the U.S. deemed invalid by the Court of Justice of the European Union (CJEU). Privacy Shield has...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

Mintz - Privacy & Cybersecurity Viewpoints

Do you transfer personal data from the EU to the US? Important Decision due July 16

Does your organization transfer personal data from the European Union to the US? If so, keep an eye out for a key decision on July 16 from the EU’s top court, the Court of Justice of the European Union. The Schrems II case...more

Akin Gump Strauss Hauer & Feld LLP

The case of Schrems 2.0 – the challenge to Standard Contractual Clauses allowing personal data transfer outside the European Union

On 9 July 2019, the Court of Justice of the European Union (CJEU) in Luxembourg heard a case brought by privacy-rights activist Max Schrems (C-311/18, Data Protection Commissioner v Facebook Ireland Limited, Maximilliam...more

Ervin Cohen & Jessup LLP

“GDPR” Is Coming: The General Data Protection Regulation

Editor’s Note: Strictly speaking, this blog post isn’t really about human resources management or employment law. But it might be; the GDPR is vaguely written and it is not at all clear how it will be applied in relation to...more

King & Spalding

United States And Switzerland Reach Data Transfer Agreement

King & Spalding on

On January 11, 2017, the governments of the United States and Switzerland announced that an agreement had been reached over a Privacy Shield Framework (“Privacy Shield”) that sets out how companies may transfer personal data...more

Alston & Bird

Cyber Alert: 2016 Breach Roundup, Part II: U.S. and EU Data Breach Notification Regulations Highlights and Trends

Alston & Bird on

Frameworks requiring breach notifications of various kinds significantly expanded in scope in 2016 at both the state and federal levels. However, at least in the U.S., some of the new federal requirements may not be in place...more

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