As highlighted by this blog on Friday, the European Commission has published long-awaited Standard Contractual Clauses (SCCs). These represent the first updates to the SCCs in over a decade, with the last updates having been made in 2010. Alston & Bird partner Wim Nauwelaerts has now published an advisory titled “10 Key Takeaways from the […]
International
European Commission Publishes Long-Awaited New Standard Contractual Clauses
Today, the European Commission published finalized versions of new Standard Contractual Clauses (SCCs). The Commission has published two sets of clauses: A set of SCCs to be used in controller-to-processor situations in conjunction with Art. 28 GDPR “data processor” terms applicable to such situations. A more general set of modular SCCs that can be used […]
Swire Report Addresses EU Data Localization Comments, Portuguese Order Restricting U.S. Data Flow
In November, the European Data Protection Board (EDPB) issued draft guidance regarding transfers of personal data from the European Union. That guidance has prompted nearly 200 comments from companies, trade groups, and interested observers. Senior Counsel Peter Swire, along with co-author DeBrae Kennedy-Mayo, has now published a report reviewing these comments through the Cross Border […]
The GDPR Reaches the US Supreme Court in Cert Petition
The EU’s General Data Protection Regulation (GDPR) has been raised in a petition for certiorari before the US Supreme Court, apparently for the first time since the GDPR entered into application in 2018. A party in Vesuvius USA Corp. v. Phillips has filed a petition for certiorari in a GDPR-related discovery dispute. Of course, since […]
European Commission Adopts Draft UK Adequacy Decision
On February 19, 2021, the European Commission adopted a draft ‘adequacy decision’ in favor of the UK. The adoption of the draft adequacy decision marks the first step in ensuring the continued free flow of personal data from EEA countries to the UK under the EU GDPR. Once (and if) the final adequacy decision is […]