Archives: Cross-Border Transfers

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German Supervisory Authorities Probe Data Transfers

On June 1, 2021, several German supervisory authorities (“SAs”) announced the launch of a “nationwide investigation” into German companies transferring personal data outside of the European Economic Area.  Currently, there is no official list of all the SAs participating in the investigation, but at least 8 of Germany’s 16 regional SAs have announced their intention … Continue Reading

European Commission Publishes New Standard Contractual Clauses

Today, June 4th, 2021, the European Commission (“Commission”) published the final version of its new standard contractual clauses for the international transfer of personal data (“SCCs”) (see here).  While the final version retains much of the language of the draft version released in November 2020 (see here), it includes several notable updates.  When finalizing the … Continue Reading

Final Countdown to POPIA Compliance: Five Critical Steps to Take Before July 1st, 2021

In Episode 12 of our Inside Privacy Audiocast, together with special guest Advocate Pansy Tlakula, Chairperson of the Information Regulator of South Africa, we discussed the Information Regulator’s mandate and the implementation of data protection legislation in South Africa.  Now, with less than a month to go before South Africa’s Protection of Personal Information Act, … Continue Reading

Inside Privacy Audiocast: Episode 13 – Data Privacy Developments in Israel

On Episode 13 of Covington’s Inside Privacy Audiocast, Dan Cooper is joined by Dotan Hammer, a Partner in the Internet, Cyber & Copyright Group at Pearl Cohen, to discuss recent privacy developments in Israel, including Israel’s data-economy relations with the EU and the U.S. Covington’s Inside Privacy Audiocast offers insights into topical global privacy issues … Continue Reading

Inside Privacy Audiocast: Episode 12 – Conversation with Advocate Pansy Tlakula, Chairperson of the Information Regulator of South Africa

In celebration of data privacy as a human right as part of South Africa’s Human Rights Day 2021, we feature special guest Advocate Pansy Tlakula, Chairperson of the Information Regulator of South Africa on Episode 12 of Covington’s Inside Privacy Audiocast. Together with Dan Cooper and Mosa Mkhize, we discuss the Information Regulator of South … Continue Reading

Supervisory Authorities Cannot Circumvent One-Stop-Shop According to CJEU Advocate General

On January 13, 2021, the Advocate General (“AG”), Michal Bobek, of the Court of Justice of the European Union (“CJEU”) issued his Opinion in Case C-645/19 Facebook Ireland Limited, Facebook Inc., Facebook Belgium BVBA v. the Belgian Data Protection Authority (“Belgian DPA”).  The AG determined that the one-stop shop mechanism under the EU’s General Data … Continue Reading

Brexit Deal Keeps EU-UK Data Flows Open as Parties Pursue Mutual Adequacy

On December 24th, with a year-end deadline and the holidays fast approaching, European Commission and United Kingdom (“UK”) officials announced they reached a deal on the EU-UK Trade and Cooperation Agreement (“Agreement”).  Once formally adopted by the European Union (“EU”) institutions, the Agreement will govern the relationship between the EU and UK beginning on January … Continue Reading

EDPB adopts recommendations on international data transfers following Schrems II decision

On 11 November 2020, the European Data Protection Board (“EDPB”) issued two draft recommendations relating to the rules on how organizations may lawfully transfer personal data from the EU to countries outside the EU (“third countries”).  These draft recommendations, which are non-final and open for public consultation until 30 November 2020, follow the EU Court … Continue Reading

Inside Privacy Audiocast: Episode 7 – Brexit and the Future of UK Data Privacy Law

Over the past 9 months, the UK has been hammering out the shape of its future trading relationship with the EU, as well as many others, and there apparently are signs of progress in the past few days as a result of intensified talks between the two sides. Some are reporting a deal will be … Continue Reading

Inside Privacy Audiocast: Episode 6 – View from Johannesburg Part II: Top Data Policy Trends to Look Out For in Africa

Recently, there has been a significant level of attention given to data protection and privacy matters on the Continent, and in the just the past year, we have seen new laws proposed or enacted in places like Nigeria, Egypt, Kenya, and of course South Africa, although prior to that, places like Morocco, Ghana and Mali … Continue Reading

Inside Privacy Audiocast: Episode 5 – View From Johannesburg Part I: GDPR vs. POPIA – What Should Businesses Be Considering?

On June 22, 2020, the South African President announced that certain provisions of POPIA would take effect on July 1, provisions which most regard as essential to the statute, such as those imposing conditions on the lawful processing of personal information, procedures for handling complaints, and general enforcement provisions. Only days later, the South African Information … Continue Reading

New Guidelines for Companies from German Supervisory Authority (DPA-BW) following Schrems II

On September 7, 2020, the German data protection supervisory authority for Baden-Wuerttemberg (“DPA-BW”) released new guidelines following the Schrems II judgment on how companies should transfer data to third countries. For a more in-depth summary of the CJEU’s Schrems II decision, please see our previous blog post here and our audiocast episode here.… Continue Reading

Swiss Federal Data Protection Authority Removes the US from its List of Adequate Countries

On September 8, 2020, the Swiss Federal Supervisory Authority (“Swiss SA”) issued a position paper stating that Swiss companies can no longer rely on the Swiss-US Privacy Shield Framework to transfer data to the US. The Swiss SA did not revoke the Swiss-US Privacy Shield Framework because it does not have the power to do … Continue Reading

Life After Schrems II: Practical Recommendations In An Uncertain Time

On 16 July, 2020, the Court of Justice of the EU (“CJEU”), issued its decision in the Schrems II case.  In short, the CJEU invalidated the EU-U.S. Privacy Shield and clarified that the use of standard contractual clauses (“SCCs”) requires data controllers to conduct a case-by-case assessment of the level of data protection that SCCs … Continue Reading

Inside Privacy Audiocast: Episode 3 – Emerging Data Privacy Issues in Brazil

On our third episode of our Inside Privacy Audiocast, we are aiming our looking glass at Brazil’s new data protection statute, Lei Geral de Proteção de Dados (or LGPD), and are joined by Ronaldo Lemos, a partner at Rennó Penteado. In our episode recorded earlier this week, Dan Cooper and Ronaldo discuss the LGPD, which … Continue Reading

AG Publishes Opinion on the Validity of the EU Standard Contractual Clauses

On December 19, 2019, Advocate General (“AG”) Henrik Saugmandsgaard Øe handed down his Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”). The AG’s Opinion provides non-binding guidance to the Court of Justice of the EU (“CJEU”) on how to decide the case. In brief, the AG recommended that … Continue Reading

UPDATE: AG Opinion in Schrems II Delayed

The Advocate General’s (“AG”) Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”), has been delayed until the 19th December 2019.  (The original publication date was set for the week before, on the 12th December.) The primary question before the European Court of Justice (“ECJ”), and the AG, in Schrems … Continue Reading

Privacy Shield Third Annual Review

On October 23, 2019, the European Commission (“Commission”) published its Report on the third annual review of the EU-U.S. Privacy Shield (“Privacy Shield”) (the Report is accompanied by a Staff Working Document).  The Report “confirms that the U.S. continues to ensure an adequate level of protection for personal data transferred under the Privacy Shield” (see … Continue Reading

FTC Settles Enforcement Actions Relating to Privacy Shield Certifications

On September 3, 2019, the Federal Trade Commission (“FTC”) announced settlement agreements with five companies for alleged false claims of certification under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (collectively, “Privacy Shield”).  These settlements indicate that the FTC is continuing to actively enforce Privacy Shield commitments, as it has done with respect to several other … Continue Reading

European Commission Issues Report on the Implementation of the GDPR

On July 24, 2019, the European Commission (“the Commission”) published a report appraising Europe’s progress in implementing the General Data Protection Regulation (“GDPR”) as a central component of its revamped data protection framework.  In its report, the Commission highlights certain achievements resulting from implementation efforts, calls attention to issues that require further action, and describes … Continue Reading

Privacy Shield Ombudsperson Confirmed by the Senate

On June 20, 2019, Keith Krach was confirmed by the U.S. Senate to become the Trump administration’s first permanent Privacy Shield Ombudsperson at the State Department.  The role of the Privacy Shield Ombudsperson is to act as an additional redress avenue for all EU data subjects whose data is transferred from the EU or Switzerland … Continue Reading

China Seeks Public Comments on Draft Measures related to the Cross-border Transfer of Personal Information

On June 13, 2019, the Cyberspace Administration of China (“CAC”) issued the draft Measures on Security Assessment of the Cross-border Transfer of Personal Information (“Draft Measures”) for public comment. (The official Chinese version of the Draft Measures is available here, and an unofficial English translation is available here.) The comment period ends on July 13, … Continue Reading

CAC Releases Draft Regulation on the Protection of Children’s Personal Information Online

On May 31, 2019, the Cyberspace Administration of China (“CAC”) released the draft Regulation on the Protection of Children’s Personal Information Online (“Draft Regulation”) for public comment. (An official Chinese version is available here and an unofficial English translation of the Draft Regulation is available here.) The comment period ends on June 30, 2019. As mentioned … Continue Reading

China Releases Draft Measures for Data Security Management

On May 28, 2019, the Cyberspace Administration of China (“CAC”) released the draft Measures for Data Security Management (“Draft Measures”) for public comment. (An official Chinese version of the Draft Measures is available here and an unofficial English translation is available here.) The comment period ends on June 28, 2019. The release of these Draft Measures demonstrates … Continue Reading
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