On November 18, the European Data Protection Board (“EDPB”) released draft guidelines on the interplay between Article 3 GDPR – which sets out the GDPR’s territorial scope – and the provisions in Chapter V of the GDPR, which impose restrictions on international data transfers. In this draft guidance, the EDPB clarifies which (cumulative) criteria must […]
International Data Transfers
China’s First Comprehensive Personal Information Protection Law – Key Takeaways
On August 20, 2021, China’s first comprehensive Personal Information Protection Law (“PIPL”) was passed into law. The Cybersecurity Law, the Data Security Law, and the PIPL of China are the three pillars of China’s data protection framework, which govern cybersecurity, data security, and personal information protection respectively. The Cybersecurity Law largely governs cybersecurity requirements for […]
UK Unveils Post-Brexit Data Plans with an Emphasis on International Transfers of Personal Data
Today, the UK Department of Digital, Culture, Media and Sport (“DCMS”) has made a series of announcements shedding light on the UK’s post-Brexit data strategy. The announcements – which emphasize the importance of international transfers of personal data to global trade – include as follows: A Press Release, providing an overview of the UK government’s […]
Swiss Data Protection Regulator Is Latest to Outline Framework for Transferring Data to the SEC
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 […]
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 […]