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Privacy Shield

Geopolitical Implications of the European Court’s Schrems II Decision

July 17, 2020 By Privacy, Cyber & Data Strategy Team

On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated the EU-U.S. Privacy Shield, a principal legal method for the transfer of personal data from the EU to the United States. The CJEU ruling further cast doubt on the standard contractual clauses, the other means of effecting such international transfers. In […]

Filed Under: Advisories, Data Protection, Privacy, Privacy Shield, Regulation

EU DPAs Announce Post-Schrems Enforcement Plans

July 16, 2020 By Daniel Felz

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 […]

Filed Under: Data Protection, Enforcement, GDPR, Privacy, Privacy Shield, Regulation Tagged With: Data Transfers, European Court of Justice, European Union (EU), GDPR, Germany, Max Schrems decision, Privacy Shield, Regulatory Enforcement

‘Schrems II’ backs the European legal regime into a corner — How can it get out?

July 16, 2020 By Dorian Simmons

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 […]

Filed Under: China, Data Protection, Data Security, FTC, GDPR, International, National Security, Privacy Shield

Schrems 2.0: CJEU invalidates EU-US Privacy Shield and emphasizes exporter obligations when using Standard Contractual Clauses

July 16, 2020 By Paul Greaves and Wim Nauwelaerts

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 […]

Filed Under: China, Data Protection, Data Security, FTC, International, Legislation, National Security, Online Privacy, Privacy, Privacy Shield Tagged With: EU Data Protection, EU Regulation, European Court of Justice, European Union (EU), Federal Trade Commission (FTC), GDPR, International Data Transfers, Max Schrems decision, Regulatory Enforcement

Marking GDPR Anniversary, Peter Swire Warns About EU-US Data Transfer Challenges

May 28, 2020 By Privacy, Cyber & Data Strategy Team

On May 25, the European General Data Protection Regulation (GDPR) ended its second full year in effect. To mark the occasion, the International Association of Privacy Professionals collected expert perspectives on the impact and future of the GDPR, including an essay by Alston & Bird Senior Counsel Peter Swire. In his contribution, Swire highlights the […]

Filed Under: GDPR, Privacy, Privacy Litigation, Privacy Shield

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