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Lothar Determann

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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…

The roller coaster of comprehensive state data privacy laws continues in earnest.  California has now double dipped: first with the California Consumer Privacy Act (CCPA) and second with the California Privacy Rights Act (CPRA).  With all eyes on New York, Washington State, and other potential early movers for more state legislation, Virginia has surprised the nation by coming out very quickly with its own version of comprehensive privacy law, which Governor Ralph Northam signed into…

Many bold decisions were taken by TMT players in 2020 to protect their workforces and to ensure that they continue to be able to deliver technology, connectivity and digital transformation across sectors. Significant trends are now expected to impact the TMT industry in 2021. In the 2021 edition of TMT Looking Ahead, our industry expert lawyers identify key global trends, provide helpful insights and offer practical tips for TMT businesses in the following areas: Digital Transformation…

In the privacy world, there is no rest for the weary. In California, while most companies were just getting their programs running to address the California Consumer Privacy Act (“CCPA”), including some last minute changes to address the final version of the regulations issued in late fall 2020, the California Privacy Rights Act (“CPRA”) was officially certified on December 16, 2020 following voter approval in another privacy referendum in the November 2020 elections. CPRA sharpens…

Based on preliminary election results, Californians voted to enact the California Privacy Rights Act (“CPRA”), expanding and revising the California Consumer Privacy Act of 2018 (“CCPA”) effective January 1, 2023 with a one-year look-back to January 1, 2022 for some provisions. Companies around the world with business ties to California should start updating vendor contracts and prepare for new requirements under the statute and revised regulations to be issued by a new California Privacy Protection…

The rules for the new UK-EU relationship following Brexit will be fully implemented by 1 January 2021. With the deadline fast approaching, now is the time to discuss the status and likelihood of a deal, given its inevitable effects on TMT companies. In this episode of TMT Talk, Lothar Determann, Tony Haque, Alex Lumley, and Jessica Mutton offer their expert views on what the TMT industry can expect from Brexit from a trade, regulatory, employment and immigration perspective. https://open.spotify.com/episode/5BAyyAzeiqcgSr8VBflBWx

The US Department of Treasury issued the final CFIUS/FIRRMA regulations on its foreign investment on 13 January 2020, effective 13 February 2020. While it is far from the only country that has re-examined its stance on foreign direct investment, this move by one of the biggest economies worldwide has made a discussion on the topic timely, if not necessary. In this episode of TMT Talk, Lothar Determann, Anahita Thoms, and Rod Hunter share their views on the policies that…

**Originally published by Bloomberg Law.** On July 1, 2020 California’s attorney general started enforcing the California Consumer Privacy Act by sending letters to companies with requests to cure alleged violations, as contemplated by the CCPA. The legislation took effect on Jan. 1, 2020, as part of the California Civil Code, and called on the attorney general to enforce the law within six months of enacting regulations or July 1, 2020 the latest. The CCPA regulations…