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International Data Transfers

U.S. Department of Commerce Releases White Paper to Assist Organizations in Conducting Schrems II Assessments

September 28, 2020 By James Harvey and Kelley Chittenden

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 […]

Filed Under: Data Protection, GDPR, International Tagged With: Cross-border, EU Data Protection, EU Privacy, European Court of Justice, International Data Transfers

German DPA Publishes Schrems II Transfer Compliance Checklist and Suggested Modifications to SCCs

August 26, 2020 By Daniel Felz and Paul Greaves

On August 24, 2020, the data protection authority of the German state of Baden-Württemberg (the “DPA”) published guidance (the “Guidance”) on international transfers of personal data following the Schrems II judgment (which we have previously covered here). This represents the first comprehensive guidance by a European privacy supervisor indicating how it intends to enforce the […]

Filed Under: Data Protection, Enforcement, International, Privacy, Uncategorized Tagged With: Cross-border, European Court of Justice, European Union (EU), GDPR, International Data Transfers, Max Schrems decision, Regulatory Enforcement

After Schrems II: A Proposal to Meet the Individual Redress Challenge

August 18, 2020 By Paul Greaves

On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated the EU-U.S. Privacy Shield in the Schrems II case. In an article written by Georgia Tech professor and Alston & Bird Senior Counsel Peter Swire with co-author Kenneth Propp, entitled ‘After Schrems II: A Proposal to Meet the Individual Redress Challenge’, […]

Filed Under: Data Protection, Data Security, International, Privacy Tagged With: Cross-border, EU Data Protection, EU Privacy, EU Regulation, European Court of Justice, European Union (EU), GDPR, International Data Transfers, Max Schrems decision

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

Schrems 2.0: Standard Contractual Clauses Declared Valid by EU Advocate General

December 19, 2019 By Laura K. Song and Wim Nauwelaerts

  The Advocate General’s Opinion of December 19, 2019 deemed valid the Standard Contractual Clauses (SCCs) adopted by the European Commission for the transfer of personal data from controllers to processors. Currently, many companies rely on SCCs as a mechanism for transferring personal data from the EU to non-EU countries in compliance with the GDPR. […]

Filed Under: Data Protection, International, Privacy Tagged With: Cross-border, EU Data Protection, EU Privacy, European Court of Justice, European Union (EU), GDPR, International Data Transfers, Max Schrems decision

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