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EU Data Protection

Swiss Data Protection Regulator Is Latest to Outline Framework for Transferring Data to the SEC

August 17, 2021 By Daniel Felz, Kate Hanniford and Wim Nauwelaerts

Entities registered with the U.S. Securities & Exchange Commission (SEC) must maintain certain books and records and can be subject to the SEC’s examination, inspection, and enforcement authority. Responding to SEC requests can require cross-border transfers of personal data, and this has historically risked non-compliance under foreign data protection law. The SEC has been proactive […]

Filed Under: Data Protection, Financial Privacy, International, Privacy, Regulation Tagged With: Cross-border, EU Data Protection, International Data Transfers, Regulatory Enforcement, Securities and Exchange Commission

EDPB publishes Guidelines on the Concepts of Controller and Processor in the GDPR

July 21, 2021 By Yung Shin Van Der Sype, Paul Greaves and Wim Nauwelaerts

On July 7th, the European Data Protection Board (“EDPB”) adopted its finalized guidelines on the concepts of controller and processor in the General Data Protection Regulation (“GDPR”). While the EDPB’s predecessor – the Article 29 Working Party – had issued guidance on the concepts of controller/processor (Opinion 1/2010, WP169) back in 2010, many practical concerns […]

Filed Under: Data Protection, Privacy, Regulation Tagged With: EU Data Protection, EU Privacy, EU Regulation, European Union (EU)

The EDPB-EDPS Joint Opinion on Data Processing Standard Contractual Clauses: Key Takeaways

February 4, 2021 By Wim Nauwelaerts

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 […]

Filed Under: Data Protection, GDPR, International, Uncategorized Tagged With: Data Protection, EU Data Protection, European Union (EU), GDPR

Brexit Trade Agreement Provides a Temporary Solution for Companies Transferring Personal Data from the EEA to the UK

January 6, 2021 By Paul Greaves and Wim Nauwelaerts

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, […]

Filed Under: Data Protection, GDPR, Privacy Tagged With: Adequacy, Brexit, Cross-border, EU Data Protection, EU Privacy, European Union (EU)

Peter Swire Testifies on Future of Transatlantic Data Flows

December 14, 2020 By Privacy, Cyber & Data Strategy Team

Peter Swire, Senior Counsel, Alston & Bird, Elizabeth and Tommy Holder Chair of Law and Ethics, Georgia Tech Scheller College of Business, and Research Director, Cross-Border Data Forum, recently testified before the U.S. Senate Committee on Commerce, Science, & Transportation on the invalidation of the EU-U.S. Privacy Shield and the Future of Transatlantic Data Flows.  […]

Filed Under: Uncategorized Tagged With: EU Data Protection, Max Schrems decision

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