News & Analysis as of

Schrems I & Schrems II Personal Data European Data Protection Board (EDPB)

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

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

McDermott Will & Emery

EU-US Transatlantic Data Flows Framework: EU Supervisors Shine Light at the End of the Tunnel

McDermott Will & Emery on

In a recent non-binding opinion, EU regulators expressed timid positivity about the European Commission’s draft adequacy decision on the EU-US transatlantic data flows framework (Data Privacy Framework or DPF). While some...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

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

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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

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

Goodwin

U.S. And EU Reach Political Agreement on a New Trans-Atlantic Data Privacy Framework: The Implications for Businesses

Goodwin on

On 25 March 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the U.S. and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for...more

A&O Shearman

EU EDPB publishes final Guidelines on codes of conduct as tools for international data transfers

A&O Shearman on

On 4 March 2022, the European Data Protection Board (EDPB) published a final version of its Guidelines on Codes of Conduct as tools for transfers of personal data to third countries (Guidelines), adopted during the EDPB...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

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

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

A&O Shearman

EDPB publishes final Recommendations on the Schrems II supplementary measures

A&O Shearman on

The European Data Protection Board (EDPB) published its long-awaited final Recommendations on measures that supplement data transfer tools (the Recommendations), following the Schrems II decision of the CJEU (on 18 June...more

Adams and Reese LLP

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

Adams and Reese LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

The European Data Protection Board (EDPB) Finalises Guidance on International Transfers of Personal Data Following Europe’s Top...

The guidance outlines how organisations should approach international transfers and confirms examples of supplemental measures that can be adopted to ensure ongoing compliance and seeking to de-mystify earlier uncertainty. ...more

Latham & Watkins LLP

New Standard Contractual Clauses and Final EDPB Recommendations - Next Steps

Latham & Watkins LLP on

Companies have three months to prepare to use the latest standard contractual clauses for new data transfers, and 18 months to migrate existing arrangements. On 4 June 2021, the European Commission released its...more

Faegre Drinker Biddle & Reath LLP

A New Dawn for International Data Transfers: Publication of the EDPB’s Updated Guidance on International Data Transfers

Last year’s European Court of Justice (ECJ) judgement in Data Protection Commissioner v Facebook Ireland LTD, Maximillian Schrems, C-311/18 (Schrems II) continues to have ramifications for cross border data transfers. The...more

Holland & Knight LLP

EU Releases New Standard Contractual Clauses for Cross-Border Data Transfers

Holland & Knight LLP on

Standard contractual clauses (SCCs) are a contract addendum with provisions governing the handling of personal information. The express language of the SCCs has been preapproved by the European Commission (Commission) to be...more

Benesch

Revised Approach to Standard Contractual Clauses Creates Key Deadlines and Offers Long-Awaited Answers

Benesch on

The European Commission’s long-awaited updates to the Standard Contractual Clauses (“SCCs”) have arrived. Data protection lawyers globally have eagerly anticipated these changes, which are necessary to address a legal...more

Saul Ewing LLP

Privacy Law Update: European Commission Adopts New Standard Contractual Clauses for Transfers of Personal Data

Saul Ewing LLP on

On June 4, 2021, the European Commission adopted new sets of Standard Contractual Clauses (New SCCs) that organizations can use when transferring personal data protected by the General Data Protection Regulation (GDPR) to...more

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

European Commission Adopts Two New Sets of Standard Contractual Clauses: What Employers Need to Know

On June 4, 2021, the European Commission adopted two new sets of standard contractual clauses (SCCs): one for data transfers from data controllers to data processors and one for data transfers from data exporters to data...more

Dechert LLP

A New Era for International Data Transfers: European Commission Adopts New Standard Contractual Clauses

Dechert LLP on

The European Commission has issued new Standard Contractual Clauses designed to facilitate international transfers of personal data in compliance with the GDPR. The new provisions better reflect the variety of global data...more

Orrick, Herrington & Sutcliffe LLP

10 Things You Should Know About the New Standard Contractual Clauses

Orrick's Cyber, Privacy & Data Innovation and IP Licensing & Technology Transactions groups cover the top 10 things you need to know about the new Standard Contractual Clauses ("SCCs") published today by the European...more

Hogan Lovells

The European Commission issues Schrems II-proof Standard Contractual Clauses to allow global dataflows

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Following the coming into effect of the GDPR three years ago and in light of last year’s Schrems II decision, the European Commission has adopted a new set of Standard Contractual Clauses (SCCs) aimed at enabling lawful...more

Ankura

11 Months After Schrems II - How Are Organizations Addressing Risk?

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Organizations are closely tracking which of their vendors previously relied on Privacy Shield. Separately, they are preparing Transfer Impact Assessments (“TIAs”) to evaluate and address risks associated with personal data...more

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