News & Analysis as of

Safe Harbors General Data Protection Regulation (GDPR)

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

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

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

Dechert LLP

Ready. Set. Flow: Green Light from the Commission for EU-U.S. Data Privacy Framework

Dechert LLP on

On 10 July 2023, the European Commission announced a major development1 in EU-U.S. personal data transfer relations by adopting a long-anticipated adequacy decision2 for the EU-U.S. Data Privacy Framework (“DPF”). The...more

HaystackID

Data Privacy Laws and Blocking Statutes: Five Practical Strategies for Counsel

HaystackID on

Background Note: Data privacy has become a critical issue in the digital era, with laws and regulations constantly evolving. As a result, it’s important for cybersecurity, information governance, and legal discovery...more

ArentFox Schiff

Privacy Shield 2.0 On The Horizon

ArentFox Schiff on

The European Union (EU) and the United States (US) government have now reached an agreement in principle for a “Privacy Shield 2.0” to replace the original Privacy Shield Framework that was invalidated under the Schrems II...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

Ankura

New Proposed Laws include Safe Harbor when Aligned with NIST Privacy Framework

Ankura on

A new trend in privacy and cybersecurity laws is the introduction of safe harbor clauses for aligning data protection controls to recognized data privacy and cybersecurity frameworks. OHIO HB376: In July 2021, Ohio...more

Lowenstein Sandler LLP

2020 and Q1 2021 Developments And Annual Compliance Checklists

Summaries of recent legislative and regulatory developments with respect to: •The SEC’s Examination Priorities for 2021- •The SEC’s Focus on Digital Asset Securities- •The SEC’s New Marketing Rule... ...more

Foley & Lardner LLP

California Voters Pass the California Privacy Rights Act

Foley & Lardner LLP on

While the world anxiously awaited the results of the November 2020 U.S. federal elections, California silently passed California Proposition 24, the California Privacy Rights Act (CPRA). Labeled on the ballot simply as...more

White and Williams LLP

Does Schrems II Doom Use of SCCs for EU–US Data Transfers? No Answers and Clouds are Gathering

White and Williams LLP on

It’s been well written that in Case C-311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II), the Court of Justice of the European Union (CJEU) struck down the Privacy Shield, a...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

Thomas Fox - Compliance Evangelist

Countdown to 500 – Jonathan Armstrong on the UKBA, GDPR and Modern Slavery

We are on the final countdown to Number 500. Next week, on Monday, August 31, I will be celebrating my 500th Anniversary episode, where I will talk about some of the key changes I have seen in compliance over the past 10...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

Bracewell LLP

Privacy Shield Invalidated by ECJ

Bracewell LLP on

On Thursday, July 16, the European Court of Justice (ECJ) ruled that the EU-US Privacy Shield is invalid. The ruling stems from the complaints filed with the Irish supervisory authority by Max Schrems regarding the transfer...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

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

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

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