Tag Archives: Cross-Border Transfers

German Supervisory Authorities Plan to Circulate Questionnaires on Personal Data Transfers in Wake of Schrems II Decision

On February 3, 2021, the Conference of the Supervisory Authorities (“SAs”) of Germany (known as the Datenschutzkonferenz or “DSK”) published minutes from its meetings held in November 2020 (available here, in German).  The minutes include discussions about how the German SAs plan to enforce the recent Schrems II ruling of the Court of Justice of … 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

EDPB and EDPS Release Joint Opinion on Draft EU Standard Contractual Clauses

On January 19, 2021, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) issued a joint opinion on the draft standard contractual clauses for international data transfers (“draft SCCs”) published by the European Commission (“EC”) on November 12, 2020, including a marked-up version of the clauses. The EDPB/EDPS joint opinion proposes … 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

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

U.S. Government Issues White Paper on Privacy Safeguards Following Schrems II

In the wake of the Court of Justice of the European Union’s (“ECJ”) Schrems II decision invalidating the EU-U.S. Privacy Shield (“Privacy Shield”) but upholding the validity of standard contractual clauses (“SCCs”), the U.S. government has released a White Paper entitled “Information on U.S. Privacy Safeguards Relevant to SCCs and Other EU Legal Bases for … 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

European Commission Publishes 2-Year Report on the Implementation of the GDPR

On June 24, 2020, the European Commission (“Commission”) published its much-anticipated assessment of the EU’s General Data Protection Regulation (“GDPR”) two years after it went into effect.  The assessment takes into account contributions from the European Council, the European Parliament, the European Data Protection Board (“EDPB”), individual supervisory authorities, the Multi-Stakeholder Expert Group and other … 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

Privacy Shield Updates: Second Annual Review and Brexit Guidance

Earlier this week, the European Commission (“Commission”) published its Report on the second annual review of the EU-U.S. Privacy Shield (“Privacy Shield”) (the Report is accompanied by a Staff Working Document).  The Report concludes that the Privacy Shield “continues to ensure an adequate level of protection” for personal data transferred from the EU to the … Continue Reading

EU and Japan conclude talks on reciprocal adequacy finding

On July 17, 2018, the European Commission successfully concluded negotiations with Japan on a reciprocal adequacy finding which will allow personal data to flow freely from the EU to Japan (and vice versa). The adequacy decision has not yet been formally adopted, as it must still undergo the respective EU and Japanese approval procedures, which … Continue Reading
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