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Dr Michaela Nebel

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The European Commission (“EC”) recently issued a set of standard contractual clauses for controllers and processors in the EU/EEA (“Intra-EU SCCs”). The Intra-EU SCCs accompany a wider set of clauses issued for extra-EU/EEA personal data transfers (“Extra-EU SCCs”), covering transfers between different types of data processing actors (processors, controllers, sub-processors etc.). Both of them were published in the Official Journal of the European Union on June 7, 2021. The clauses for intra-EU data processing arrangements…

Brian Hengesbaugh is joined by Michaela Nebel to discuss the enforcement of Schrems II, the decision of the Court of Justice of the European Union from last July 2020 where they invalidated the EU-US Privacy Shield with a focus on US government surveillance activities. This podcast looks squarely into enforcement activities in the aftermath of Schrems IIin Germany, and provides insight into the “coordinated audits of international data transfers” announced by various German data protection…

The European Commission (“EC”) recently issued its revised standard contractual clauses for data transfers to third countries (“Ex-EU SCCs”) and a companion set of standard clauses for controllers and processors in the EU/EEA (“Intra-EU SCCs”). Both are now published in the Official Journal. The following is an introduction to the core elements of the Ex-EU SCCs and a brief overview of the Intra-EU SCCs. Legal Context The Ex-EU SCCs are a mechanism that companies can…

The 25 May 2021 marks the third anniversary of the GDPR coming into force. As we have moved from preparation for the GDPR to business as usual compliance with the GDPR, regulators have focused on various issues in different jurisdictions. Although we are now three years into compliance with the GDPR being part of our day to day operations, it is clear that interpretation and expectations regarding compliance from the courts and regulators continue to…

Questions continue to arise over the interplay of the second Payment Services Directive (PSD2) with the General Data Protection Regulation (GDPR). Both PSD2 and the GDPR are complex legislation and the relationship between distinct provisions of each law and how they work together is not altogether clear, which has led to uncertainty for payment service providers, including banks. For example, when is “consent” required to access payment data and what does consent mean? To this…