When a controller engages a processor, the GDPR requires that the parties enter into a specific contract that contains certain mandatory provisions. This contract is often referred to as a ‘data processing agreement’ or ‘DPA’. To facilitate compliance with this requirement, the GDPR has provided the European Commission with the power to issue standard contractual […]
GDPR
Brexit Trade Agreement Provides a Temporary Solution for Companies Transferring Personal Data from the EEA to the UK
On December 24, 2020, the EU and the UK reached an agreement on the terms of their future cooperation following the end of the Brexit Transition Period (i.e., following 31 December 2020). The EU-UK Trade and Cooperation Agreement (the ‘Agreement’) contains a temporary solution for companies transferring personal data from the EEA to the UK, […]
UK ICO Publishes New Data Sharing Code
On December 17, 2020, the UK Information Commissioner’s Office (‘ICO’) published its Data Sharing Code of Practice (the ‘Code’) following a public consultation which commenced in 2019. The Code focuses mainly on data sharing among data controllers who are subject to the GDPR and the UK Data Protection Act (‘DPA’) 2018. Data controllers falling within […]
U.S. Department of Commerce Releases White Paper to Assist Organizations in Conducting Schrems II Assessments
In a letter from Deputy Assistant Secretary James Sullivan, the U.S. Department of Commerce introduced a white paper, “Information on U.S. Privacy Safeguards Relevant to SCCs and Other EU Legal Bases for EU-U.S. Data Transfers after Schrems II,” to assist organizations in conducting independent analyses of data transfers in light of the July 16, 2020 […]
Brazil’s General Data Protection Law: A Comparison Between Brazil’s Newly Effective Law and the GDPR
Brazil’s General Data Protection Law (the “LGPD”), a law similar to the European Union’s General Data Protection Regulation (the “GDPR”) is now effective. On April 29 of this year, Brazil’s President issued Provisional Measure 959 that, amongst other things, postponed the effective date of the LGPD, which was originally set to be effective August 2020, […]