In March 2022, Baker McKenzie’s Data Privacy & Security Team across offices presented the Asia Pacific edition of Deciphering Data, the Firm’s webinar series that aims to help companies and organizations decode complex developments in data privacy and cybersecurity. Our diverse team of cross-border experts offered their expertise and insight in this webinar series to help you understand the legal lay of the land and prepare for the future of privacy in Asia Pacific and…
Friday 28 January 2022 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. To mark Data Protection Day 2022, our Global Data Privacy and Security Team have provided a roundup of key trends and developments across the globe from a data protection perspective as well as looking ahead to what to expect in 2022. There are new laws and developments to keep…
Trade secrets are broad in scope and can be what provides your business with a competitive edge, ensures efficiencies and tracking, results in a better product or service and enables better marketing and identification of the target consumer. Yet when it comes to working with commercial partners in supply chains, the risk to this proprietary information can be put at risk. In our webinar, Protecting Trade Secrets in your Global Supply Chain, presenters Binxin Li (FenXun Partners,…
The new standard contractual clauses for data transfers to third countries (“Ex-EU SCCs”) and standard contractual clauses for controllers and processors in the EU/EEA (“Intra-EU SCCs”) issued by the European Commission provide for, both, chances and challenges for EU service providers supporting EU and non-EU customers, some of which are outlined below. 1. When do the Ex-EU SCCs apply? EU service providers supporting non-EU customers might want to enter into the new Ex-EU SCCs with…
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…
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…
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…
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”).