It has become common knowledge that the General Data Protection Regulation (2016/679) (GDPR) heavily restricts transfers of personal data outside of the European Union (EU). In the absence of an adequacy decision by the European Commission, the GDPR allows controllers and processors to transfer personal data to a third country outside of the EU only […]
European Privacy & Cybersecurity
EU’s Highest Court Issues Major AI Decision With Wide-Reaching Impact
On 7 December 2023, the Court of Justice of the European Union (CJEU) issued an important decision on how the GDPR governs AI-assisted decisions. The case arose in the financial services context, with the court holding that the GDPR’s AI rules apply when banks use credit scores to make consumer credit decisions. But, the decision […]
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 […]
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 […]