SCCs, Adequacy, and Guidance: Latest Updates on International Data Transfers
The next few weeks will likely be very busy for companies on the GDPR international data transfer front as there have been a number of key European developments over the last few days including:
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
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