Today, the European Court of Justice (ECJ) issued its much-anticipated decision in the Schrems II case. As we analyze in detail in an earlier blog post, the ECJ’s decision invalidates Privacy Shield while leaving Standard Contractual Clauses (SCCs) formally intact – although relying on SCCs may become more complicated than in the past. A number […]
Data Protection
‘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 […]
California Privacy Rights Act (CPRA) Will be on November Ballot
The California Secretary of State has announced that the California Privacy Rights Act (CPRA) will be on California’s November 3, 2020 ballot. If approved by California voters, the CPRA would significantly update and amend the California Consumer Privacy Act (CCPA) that went into effect at the beginning of this year. The organization that submitted the […]
California AG Publishes Final CCPA Regulations, Seeks Possible July 1 Effective Date
Since the California Consumer Privacy Act (CCPA) entered into force on January 1, 2020, many companies have been closely following the development of CCPA Regulations by the California Attorney General’s Office (AG’s Office). The AG’s Office released an initial draft of the CCPA Regulations in October 2019, prompting over 3,000 pages of public comment (read […]