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On June 30, 2022, the European Data Protection Board published draft guidelines on certification as a tool for transfers.  These guidelines complement the EDPB’s earlier guidelines on certification and identifying certification criteria.

These guidelines and the guidelines on codes of conduct as tools for transfers appear to be part of the EDPB’s broader response to the Schrems II decision issued by the Court of Justice of the European Union (“CJEU”), which invalidated the EU-US Privacy Shield framework.  The approval of certification schemes expands the toolbox available under Art. 46 GDPR for lawfully transferring personal data outside the EEA.…

Continue Reading European Data Protection Board Publishes Guidelines on Certification as a Tool for International Personal Data Transfers

On June 28, 2021, the European Commission adopted two decisions finding that the UK’s data protection regime provides an “adequate” level of protection for personal data transferred to the UK from the EU.  The first decision covers transfers governed by the GDPR, and permits private companies located in the EU to continue to transfer personal data to the UK without the need for additional arrangements (such as the Commission’s new Standard Contractual Clauses (“SCCs”), which we discuss here).  The second decision covers transfers under the Data Protection and Law Enforcement Directive, and permits EU law enforcement agencies to continue to transfer personal data to their counterparts in the UK.
Continue Reading European Commission Adopts Final UK Adequacy Decisions

On February 19, 2021, the European Commission published two draft decisions finding that UK law provides an adequate level of protection for personal data.  The first would allow private companies in the EU to continue to transfer personal data to the UK without the need for any additional safeguards (e.g., the Commission’s standard contractual clauses), while the second would allow EU law enforcement agencies to transfers personal data subject to Directive 2016/680 — the Data Protection and Law Enforcement Directive (LED) — to their UK counterparts.
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Continue Reading European Commission Publishes Draft UK Adequacy Decisions