European Data Protection Board Issues Final Schrems II Recommendations
The European Data Protection Board (“EDPB”), adopted on 18 June 2021 its final recommendations describing how controllers and processors transferring personal data outside the European Economic Area (“EEA”) may comply with the Schrems II ruling (“Final Schrems II Recommendations”). The Final Schrems II Recommendations, … Read More
Lawfare Publishes Article on “Why Schrems II Might Not Be a Problem for EU-U.S. Data Transfers”
Lawfare recently published “Why Schrems II Might Not Be a Problem for EU-U.S. Data Transfers*,” written by Sidley Partner Alan Charles Raul. This article was adapted from a longer article on our Data Matters blog, “Schrems II Concerns Regarding U.S. National Security Surveillance Do Not Apply to … Read More
Schrems II Concerns Regarding U.S. National Security Surveillance Do Not Apply to Most Companies Transferring Personal Data to the U.S. Under Standard Contractual Clauses
The thesis articulated in the article linked here is that (1) nearly all companies relying on standard contractual clauses for data transfers to the US under the EU General Data Protection Regulation are not electronic communications service providers for purposes of FISA 702 (i.e., only companies in the business of … Read More
European Commission Proposes Revised Standard Contractual Clauses
The European Commission (EC), on 12 November 2020, published a draft decision implementing revised Standard Contractual Clauses (draft SCCs) – (the EC’s Draft). The EC’s Draft was published following the Court of Justice of the European Union’s (CJEU) decision in Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems… Read More
European Data Protection Board Issues Schrems II Recommendations
Following the Court of Justice of the European Union’s (“CJEU”) decision in Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems on 16 July 2020 (“Schrems II”), the European Data Protection Board, tasked with overseeing compliance with the GDPR (“EDPB”), on 11 November 2020 issued its anticipated … Read More
European Data Protection Supervisor Issues Schrems II Guidelines
Following the Court of Justice of the European Union’s (“CJEU”) decision in Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems on 16 July 2020 (“Schrems II”), the European Data Protection Supervisor, tasked with overseeing compliance with EU data protection laws by the EU institutions (“EUIs” and … Read More
European Commission to Issue New Standard Contractual Clauses by End of 2020
In the wake of the recent Court of Justice of the European Union’s decision in Schrems II, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs met in early September to discuss the long-awaited revision of Standard Contractual Clauses (SCCs). During the meeting, Commissioner for … Read More
U.S. Government White Paper to Help Companies Address the EU’s National Security Concerns in Schrems II
On September 28, the U.S. government released a “White Paper” addressing how U.S. companies might justify their continued transfer to the U.S. of personal data of EU residents, following the decision of the Court of Justice of the European Union (“CJEU,” or “ECJ”) in Schrems II – more … Read More
An Early Recap of Privacy in 2020: A US Perspective
*This article was adapted from “Global Overview,” appearing in The Privacy, Data Protection and Cybersecurity Law Review (7th Ed. 2020)(Editor Alan Charles Raul), published by Law Business Research Ltd., and first published by the International Association of Privacy Professionals Privacy Perspectives series on September 28, 2020.
Privacy, like everything … Read More
Swiss Data Protection Authority Concludes Swiss-US Privacy Shield No Longer Valid for Swiss-US Transfers
Following the Court of Justice of the European Union’s (“CJEU”) decision in Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (“Schrems II”), the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) concluded in a position paper published on 8 September that the Swiss-US Privacy Shield no … Read More