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Magalie Dansac Le Clerc

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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 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…

Happy Data Protection Day! The 28 January each year is celebrated as 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 2021, we have summarised some of the key trends and developments in the EU, UK and beyond from a data protection perspective and looking ahead to what to expect for 2021. You can jump to specific country…

In two decisions on October 6, 2020, the Court of Justice of the European Union (CJEU) has once again provided a strict framework for national surveillance laws applicable to electronic communications and online service providers, and the investigative and intelligence measures related thereto.  This is the second time since July (C-311/18, “Schrems II” which has invalidated the “Privacy Shield”  due to the inadequacies of the US law) that the CJEU has ruled on these issues.…

Launched on June 2, the French mobile tracing app for COVID-19, “StopCovid,” has been voluntarily downloaded by 1.9 million users within three weeks. On June 3, the French Data Protection Authority (the CNIL) published its second opinion on StopCovid, relating to the implementation of the app and the related Executive Decree No. 2020-650 and to the Government’s data protection impact assessment. Following its first opinion of April 24, on the principle of the use of a…

It has been two years since the GDPR came into force on 25 May 2018 and during that time, we have seen more guidance published at an EU level as well as from data protection authorities in Member States which has impacted how organisations approach areas of GDPR compliance. We have also seen enforcement action from data protection authorities across the EU and UK. There have also been other significant developments, over the past two…

Data privacy and data sharing have always been contentious issues, but more so in these times when companies and private citizens are compelled to provide personal information and consumer data to aid in the fight against COVID-19. In TMT Talk’s third episode, Raffaele Giarda, Magalie Dansac Le Clerc and Brian Hengesbaugh tackle the intricacies surrounding the data collection activities of governments around the world. Join us as we continue to provide insights into how the Technology, Media & Telecommunications sector…