In the November 2020 edition of the Competition Policy International Antitrust Chronicle, Georgia Tech professor and Alston & Bird senior counsel Peter Swire and partner John Snyder discuss ways to utilize the Portability and Other Required Transfers Impact Assessment (“PORT-IA”) in the context of antitrust law. The PORT-IA is a structured set of questions based […]
Consumer Protection/FTC
Peter Swire Announced as Key Speaker at FTC Workshop on Data Portability
The Federal Trade Commission (“FTC”) today announced that Peter Swire, Senior Counsel at Alston & Bird LLP and Elizabeth and Thomas Holder Chair at Georgia Tech Scheller College of Business, will deliver a key presentation at the upcoming FTC Workshop on Data Portability (“Workshop”). Data portability refers to the ability of consumers to move data […]
‘Schrems II’ backs the European legal regime into a corner — How can it get out?
On July 16, the Court of Justice of the European Union struck down the EU-U.S. Privacy Shield in the ‘Schrems 2.0’ Case (Facebook Ireland and Schrems (Case C-311/18)). In an article for the International Association of Privacy Professionals, Alston & Bird Senior Counsel Peter Swire analyzes the decision and discusses potential implications, including those relating […]
Schrems 2.0: CJEU invalidates EU-US Privacy Shield and emphasizes exporter obligations when using Standard Contractual Clauses
Executive Summary Today, the Court of Justice of the European Union (‘CJEU’) handed down its long-awaited judgment in the ‘Schrems 2.0’ case (Facebook Ireland and Schrems (Case C-311/18)), about the validity of two means of legitimizing transfers of personal data outside the EEA under the EU General Data Protection Regulation (‘GDPR’)[1]. In somewhat of a […]
The FTC Expands its FCRA Enforcement Activity In Action Against Retailer
Most businesses are already familiar with the Fair Credit Reporting Act (“FCRA”) and the various requirements to protect the fairness, accuracy, and privacy of consumer credit information. However, a recent FTC enforcement action against the retailer Kohl’s Department Store, Inc. (“Kohl’s”) has brought a rarely used provision of the statute to light. This provision—codified […]