Category

Schrems II

18 May 2021

Transferring EU Data To US After New Contractual Safeguards – A Proposal to Notify Intelligence Agencies of “US Person” Prohibition on Targeting SCC Transfers

This article was first published by Law360 on May 17, 2021.

In light of new standard contractual clauses, or SCCs, to be issued shortly by the European Commission, as well as imminent new guidance from the European Data Protection Board, companies transferring personal data to the U.S. should consider taking … Read More

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18 December 2020

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

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13 November 2020

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 SchremsRead More

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