News & Analysis as of

Schrems I & Schrems II European Data Protection Board (EDPB) General Data Protection Regulation (GDPR)

Seyfarth Shaw LLP

Surprising Plot Twist: The European Data Protection Supervisor Reprimands the European Union for its use of Microsoft 365

Seyfarth Shaw LLP on

The European Union (EU)’s government organizations are just like any another entity trying to function in a world where global companies and even government entities are reliant on digital platforms for messaging and...more

McDermott Will & Emery

Get Ready to Update Your Binding Corporate Rules Regulators Expand Requirements

At the end of June, the European Data Protection Board (EDPB) published its Recommendations (Recs) on Binding Corporate Rules (BCRs). Among other things, the Recs require existing and in process BCRs to: - Incorporate...more

Cozen O'Connor

Irish Data Protection Commission’s Decision Throws Use of Standard Contractual Clauses Into Doubt

Cozen O'Connor on

On May 22, Ireland’s Data Protection Commission (DPC) announced that it had imposed a €1.2 billion fine on Meta Platforms for violating the European Union’s General Data Protection Regulation (GDPR) in its use of standard...more

BCLP

EU Cookie Banners: EU Cookie Banner Task Force Report Homes in on Unlawful Practices

BCLP on

On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...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

McDermott Will & Emery

European Commission Begins Process for Adoption of US Adequacy Decision

McDermott Will & Emery on

Since Schrems II invalidated the US/EU Privacy Shield, the flow of personal data from the European Union to the United States has been subject to intense regulatory scrutiny. Companies transferring personal data to the United...more

Mintz - Privacy & Cybersecurity Viewpoints

New EU-US Data Privacy Framework

The European Commission has published its long-awaited draft of the new EU-US Data Privacy Framework, available here. The Data Privacy Framework will replace the Privacy Shield decision that was invalidated in July 2020 by...more

Mintz - Privacy & Cybersecurity Viewpoints

EU Personal Data Transfers Deadline: New SCCs must be put in place by December 27, 2022

Deadline to adopt EU Standard Contractual Clauses - Many organizations uses the European Union’s Standard Contractual Clauses (SCCs) to govern their transfers of personal data from the European Economic Area (EEA) to other...more

Hogan Lovells

French Data Protection Authority publishes Q&A regarding use of Google Analytics

Hogan Lovells on

The French Data Protection Authority (CNIL) has released a Q&A providing its position, possible alternative solutions as well as guidance on using a compliant audience measurement solution. It follows a set of formal notices...more

A&O Shearman

International – noyb publishes open letter on the future of EU-US data transfers

A&O Shearman on

On 23 May 2022, the data privacy activist group ‘none of your business’ (noyb) published an open letter on the planned EU-US data transfer deal. ...more

Sheppard Mullin Richter & Hampton LLP

Waiting on a new EU-US Privacy Shield

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

A&O Shearman

EU – EDPB comments on the upcoming EU-US Trans-Atlantic Data Privacy Framework

A&O Shearman on

On 6 April 2022, following the announcement of the political agreement on a new EU-US Trans-Atlantic Data Privacy Framework having been reached between the European Commission and the United States on 25 March 2022, the...more

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

The U.S. and EU Announce an “Agreement in Principle” to Replace the EU-U.S. Privacy Shield Framework: What Employers Need to Know

On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck...more

Spirit Legal

Data transfer to Russia and China in times of crisis

Spirit Legal on

In light of the “changed security policy situation” following Russia’s invasion of Ukraine, the Norwegian data protection regulator recently encouraged any company that exports personal data to Russia and Ukraine to review...more

Fox Rothschild LLP

5 Things to Know About Google Analytics, Transfers and Schrems II

Fox Rothschild LLP on

Here are five things you should know about Google Analytics, transfers and Schrems II. 1. Down to Middle Earth We Go Brush up on your J.R.R. Tolkien because Datatilsynet in its new guidance on cloud providers, says you...more

Sheppard Mullin Richter & Hampton LLP

CNIL Recommends Using US Analytics Tools Only for Anonymous Statistical Data

Following a similar case from Austria, the French data protection authority recently concluded that certain use of cookies placed by US data analytics tools violated GDPR. The case came before the CNIL as the result of a...more

Wiley Rein LLP

Data Transfers from the EU – Further Guidance Issued

Wiley Rein LLP on

The European Data Protection Board (EDPB) has provided further guidance on data transfers. Specifically, this most recent guidance clarifies what constitutes a “transfer.” While the concept of a transfer may seem...more

Orrick, Herrington & Sutcliffe LLP

6 Key Things to Know about the new EDPB Guidance on International Data Transfers

On November 19, 2021, the European Data Protection Board (“EDPB”) issued draft guidance on the interplay between Article 3 of the General Data Protection Regulation (“GDPR”) and the provisions on international transfers...more

Husch Blackwell LLP

EDPB Issues Draft Guidelines on Interplay Between GDPR’s Jurisdictional Scope and Cross-Border Data Transfer Requirements

Husch Blackwell LLP on

Keypoint: The EDPB takes the position that geographical boundaries – and not GDPR’s jurisdictional reach – govern the restricted transfer determination. On November 19, 2021, the European Data Protection Board (EDPB)...more

A&O Shearman

EDPB opinion on the draft adequacy decision for South Korea confirms essential equivalence for cross-border transfers but requires...

A&O Shearman on

On 27 September 2021, the European Data Protection Board (EDPB) published its opinion on the draft adequacy decision of the European Commission in relation to the Republic of Korea (the Opinion). This is the first opinion on...more

Goodwin

Europe OPTS for Pragmatism with New SCCS and ICO Opens Consultations on UK SCCS — What Companies Need to Do Next

Goodwin on

The dust has settled on the new EU standard contractual clauses for cross-border data transfers (“New SCCs”), but confusion still reins on how the New SCCs cover data transfers and what companies need to do to take advantage...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - June 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine the European Commission’s new Standard Contractual Clauses and the European Data Protection Board’s new recommendations on international data flows. We...more

Foley & Lardner LLP

Practical Steps for Organizations to Use the New Standard Contractual Clauses

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The European Commission adopted new versions of the Standard Contractual Clauses (SCCs) on June 4, 2021. The new SCCs finally replace the original SCCs adopted under the 1998 European Data Protection Directive (DPD) and did...more

A&O Shearman

Schrems II Update

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French CNIL issues guidance for organisations on transfer impact assessments, German DSK releases statement on supplementary measures and SCCs, and Hessian DPA comments on data transfer obligations (23 June 2021)....more

Adams and Reese LLP

Post Schrems II World: EDPB Adopts Recommendations on Supplementary Measures for International Data Transfers

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Post Schrems II World: EDPB Adopts Recommendations on Supplementary Measures for International Data Transfers - On June 18, the European Data Protection Board (EDPB) formally adopted Version 2 of its Recommendations on...more

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