41 Results

schrems

Search

In its Schrems II judgement of 16 July 2020, the Court of Justice of the European Union (CJEU) invalidated the European Commission’s adequacy decision on the EU-U.S. Privacy Shield. The EU-U.S. Privacy Shield was a data transfer mechanism allowing to transfer personal data from the European Union (EU)/European Economic Area (EEA) to the United States (a so-called third country) in compliance with data protection requirements. The CJEU confirmed that standard contractual clauses (SCCs) remain valid,…

The Court of Justice of the EU issued its judgment in Data Protection Commissioner v Facebook Ireland Limited, Maximilian Schrems on 16 July 2020. This decision has implications on the wider issue of regulation of international data transfers and, by extension, the tech industry. Our panel of experts, consisting of Lothar Determann, Elisabeth Dehareng and Brian Hengesbaugh, examines the intricacies of the ruling and what it means for the TMT sector. https://open.spotify.com/episode/79SqOrfWy9fICVqHE7myVx

It’s difficult to believe that it has only been a short time since the Court of Justice of the European Union invalidated the European Commission adequacy finding for the EU-U.S. Privacy Shield on July 16, 2020. So much has changed. In this final note in the series, we provide seven predictions for the road ahead with “Schrems II” and global data transfers. Some of these may be more controversial than others, but here goes: 1.…

Most companies consider cross-border data transfer restrictions under EU data protection laws a difficult compliance requirement, particularly since July 16, when the Court of Justice of the European Union ruled on the EU-U.S. Privacy Shield and standard contractual clauses. Additionally, companies that offer data-processing services are also facing a difficult sales topic, which commands urgent attention, particularly in the technology, media and telecommunications sectors. Click here to continue reading. Note: This is the seventh in…

Starting with a good note: The “Schrems II” judgment does not lead to significant negative implications for companies that rely on the derogations the EU General Data Protection Regulation provides for international data transfers through Article 49. The Court of Justice of the European Union’s judgment stipulates that companies will need to evaluate whether their use of the standard contractual clauses provides sufficient protection in light of any access by the public authorities of the third country…

In its “Schrems II” opinion issued July 16, the Court of Justice of the European Union did not reach any findings on the EU Commission’s decisions 2001/497/EC or 2004/915/EC, i.e., the standard contractual clauses for the transfer of personal data to controllers. However, the rationale behind the CJEU’s ruling on the controller-to-processor SCCs, as well as on the EU-U.S. Privacy Shield, suggests two things with respect to controller-to-controller SCCs: The additional measures for transfers under C2P SCCs…

So far, much of the discussion surrounding last week’s Court of Justice of the European Union “Schrems II” decision has focused on the implications for personal data transfers to the United States or other non-European countries, but its impact will be felt in the UK, as well, and add a further layer of complexity for companies preparing for Dec. 31, when the Brexit transition period will end. The key question at this stage is whether…

The decision by the Court of Justice of the European Union in “Schrems II” provides that the controller-to-processor standard contractual clauses are a viable mechanism for data transfers from the EU to third countries but identified further conditions that need to be considered when implementing them to address the requirement to provide “adequate protection” to such transfers. The CJEU put the onus on data exporters to determine whether the exporter’s implementation of the C2P SCCs…

The Court of Justice of the European Union issued its decision in “Schrems II” Thursday, a landmark decision that invalidates the EU-U.S. Privacy Shield arrangement. Until July 16, Privacy Shield had served as an approved “adequacy” mechanism to protect cross-border transfers of personal data from the European Union to the United States under the EU General Data Protection Regulation. More than 5,000 organizations participate in Privacy Shield. Many thousands more EU companies rely on Privacy…

The European Court of Justice (“ECJ”) issued a landmark ruling earlier today that invalidates the EU – US Privacy Shield Framework (“Privacy Shield”) in Case C-311/18 (“Schrems II”).