EU-U.S. Privacy Shield

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German DPA Issues Guidance on Schrems II and the Transfer of Personal Data to Non-EU Countries

Since the Court of Justice of the EU (“CJEU”) decided in its Schrems II ruling that the Privacy Shield is no longer valid and that  EU Standard Contractual Clauses (SCC) can no longer be used without extra scrutiny and require the implementation of additional security measures by both the EU data exporter and the US … Continue Reading

Webinar – EU Data Transfers Post-Schrems II: What are the Viable Options Going Forward?

Webinar – July 30, 2020 (8:30a PDT, 11:30a EDT, 4:30p BST, 5:30p CEST) Register Here The European Union’s highest court has ruled that the EU-US Privacy Shield data transfer mechanism is invalid. The court also ruled that another much-used transfer mechanism – the EU Standard Contractual Clauses (also known as Model Clauses) – is valid … Continue Reading

Does the GDPR Allow for the Use of Consent for the International Transfer of Data?

Many data controllers would like to use the consent of data subjects to transfer data to countries outside the European Economic Area. Has the General Data Protection Regulation 2016/679 (“GDPR”) made it easier use consent as a basis for international transfer than was the case under the Directive 95/46? Rules on international transfer under GDPR … Continue Reading

European Parliament Calls on US to Show Compliance with EU-US Privacy Shield Within Two Months

The European Parliament plenary adopted on 5 July 2018 the LIBE Committee’s Motion for Resolution on the EU-US Privacy Shield (‘Privacy Shield) indicating the general Parliament’s position towards its functioning. The non-binding resolution calls for the suspension of the Privacy Shield unless the US demonstrates compliance with its requirements by 1 September 2018.  As per our … Continue Reading

Scrutiny of EU-US Privacy Shield

On 12 June 2018, the Civil Liberties, Justice and Home Affairs Committee (the ‘Committee’) of the European Parliament passed a Resolution, with a vote of 29 votes in favour, 25 opposed and 3 abstentions, calling on the European Commission to suspend the EU-US Privacy Shield arrangement (‘Privacy Shield’). The Resolution calls for the international data … Continue Reading
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