BACKGROUND U.S.-based life sciences companies can be subject to the European Union (‘EU’) General Data Protection Regulation (‘GDPR’), even if they do not have any subsidiary, affiliate or other physical presence in the EU. This can be the case if, for example, a pharmaceutical or medical device company in the U.S. acts as a sponsor […]
International Data Transfers: European Commission Gives Green Light to EU-U.S. Data Privacy Framework
What Happened? On July 10, 2023, the European Commission (‘EC’) adopted its long-awaited adequacy decision approving the EU-U.S. Data Privacy Framework (‘DPF’). By doing so, the EC is confirming that personal data transferred to the U.S. under the DPF is adequately protected in line with the EU GDPR’s international data transfer rules. Transfers of personal […]
Council of Europe Launches Model Contractual Clauses for Transfers of Personal Data
On June 16, 2023, the Council of Europe’s Committee of Convention 108+ (i.e., the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data) adopted Model Contractual Clauses for cross-border data flows (“MCCs”). The MCCs are intended to cover the transfers of personal data to countries that are not parties to […]
Joint Regulatory Guidance Aims to Help Companies Transfer Personal Data Across ASEAN and EU Member States
On May 23, 2023, the European Commission together with ASEAN (the Association of Southeast Asian Nations) published guidance that identifies commonalities and differences between the EU Standard Contractual Clauses for international data transfers (“SCCs”), and ASEAN’s Model Contractual Clauses (“MCCs”), to assist companies with their efforts to comply with data transfer rules in both regions […]
International Data Transfers: Lessons from the EDPB’s “101 Task Force”
In August 2020, privacy activist organization NOYB – European Center for Digital Rights filed 101 complaints with the EU Supervisory Authorities (‘SAs’) in connection with the transfer of personal data from Europe to the U.S., by companies that had implemented “Google Analytics” and “Facebook Business Tools” on their websites. Following these complaints, the European Data […]