In July 2020, the Court of Justice of the European Union (CJEU) declared the EU-U.S. Privacy Shield invalid. The EU-U.S. Privacy Shield program was designed to provide European Economic Area (EEA) data transferred to the U.S. with a level of protection comparable to EU law. The CJEU invalidated the program stating that U.S. companies could
The “New” EU Standard Contractual Clauses: FAQs for U.S. Organizations
Globalization, compliance, and the growth in outsourcing have created a myriad of cross-border data transfer scenarios. These scenarios include marketing to and servicing customers, assessing global compliance with diversity and including goals, and outsourcing back office business functions. However, the emergence of far reaching data privacy regulation, such as the EU General Data Protection Regulation
The New EU Standard Contractual Clauses
The EU Commission is expected to adopt the long awaited updated Standard Contractual Clauses (“SCCs”) on June 4, 2021. In the wake of the Schrems II decision invalidating the EU-U.S. Privacy Shield, the SCCs have played an increased role as an appropriate safeguard for transferring personal data from the European Economic Area to recipients in
Transferring Employee Data after EU-U.S. Privacy Shield Invalidated
Businesses are now prohibited from transferring employee personal data from the European Economic Area (EEA) to the U.S. under the EU-U.S. Privacy Shield program. The Court of Justice of the European Union (CJEU) declared the EU-U.S. Privacy Shield invalid in Data Protection Commissioner v. Facebook Ireland and Schrems (C-311/18) (Schrems II), effective immediately. Businesses that
EU-U.S. Privacy Shield Program for Transfer of Personal Data to U.S. Found Invalid
On July 16, 2020, the Court of Justice of the European Union (CJEU) published its decision in the matter of Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (“Schrems II”). The matter, arising from the transfer of Schrems’ personal data by Facebook Ireland to Facebook Inc. in the United States, presented questions
The Case that Sparked the CCPA Gets an FTC Final Order
Recently, the U.S. Federal Trade Commission issued an important opinion, concluding that Cambridge Analytica, LLC, the data analytics and consulting company, engaged in “deceptive practices to harvest personal information” of tens of millions social media users, by way of using their data from a company developed app, GSRapp, for voter profiling purposes without the
The EU – US Privacy Shield Passed its First Annual Review
The European Commission recently issued an overall positive review in its first annual report on the E.U. – U.S. Privacy Shield (“Privacy Shield”), after evaluating the Privacy Shield in its joint review with the US last month.
The Privacy Shield took effect in August 2016 replacing the EU – US Safeharbor that was invalidated by
Top 10 for 2017 – Happy Data Privacy Day
In honor of Data Privacy Day, we provide the following “Top 10 for 2017.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2017.
1. Phishing Attacks and Ransomware – Phishing, as the name implies, is the attempt, usually via email, to obtain sensitive or
The Privacy Shield Is Finally Here
Earlier today the European Union and U.S. officials announced the final approval of the EU-U.S. Privacy Shield data transfer agreement (“the Privacy Shield”). Beginning August 1, 2016, organizations based in the U.S. will be able to self-certify their compliance with the Privacy Shield.
The Privacy Shield is meant to replace the EU-U.S. Safe Harbour agreement
EU, U.S. Agree On Revisions To Privacy Shield
According to reports, the European Union and the United States have agreed on changes to the EU-U.S. Privacy Shield (Privacy Shield) which will be sent to the EU member states and the college of the 28 EU commissioners ultimately paving the way for final approval early next month. “We have agreed on the changes