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In Data Privacy

Critical Steps for Increased Legal Certainty for EU to U.S. Personal Data Flows

In March 2022, U.S. and EU leaders reached an agreement in principle on a new accord to protect data flows entitled the Trans-Atlantic Data Privacy Framework (“EU-U.S. DPF”). Today, the US Government has taken important steps to implement this critical data flow framework, and strengthen legal certainty for EU to US personal data transfers. First, President Biden signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities” (“EO”). The EO enhances privacy…

In Data Privacy

Deciphering Data Webinar Series

March 11, 2022 by Brian Hengesbaugh 13 Mins Read

We are pleased to present Deciphering Data, Baker McKenzie’s global webinar series on data privacy and security that aims to help you decode complex developments in cybersecurity, data protection, workplace privacy, regulatory updates, litigation and enforcement.

In Data Privacy

Now the EU wants your data, too

February 24, 2022 by Ben Allgrove and John McGovern 5 Mins Read

The EU Commission proposed a new regulation called the Data Act. It contains extensive obligations for B2C, B2B and B2G data sharing, as well as rules requiring providers of cloud services to facilitate switching and interoperability between service providers. We’ve set out below our key takeaways.

In Data Privacy

Data Protection Day – Key developments and looking ahead to 2022

January 27, 2022 by Benjamin Slinn, Dr Michaela Nebel, Florian Tannen, Prof. Dr. Michael Schmidl, Magalie Dansac Le Clerc, Hugo Roy, Dr Lukas Feiler, Beat Koenig, Elisabeth Dehareng, Francesca Gaudino, Radoslaw Nozykowski, Nathalja Doing, Dr. Csaba Vári, Ilay Yilmaz, Can Sozer, Yigit Acar, Anne-Marie Allgrove, Liz Grimwood-Taylor, Dhiraphol Suwanprateep, Manh Hung Tran, Ken Chia, Alex Toh, Jacqueline Wong, Paolo Sbuttoni, Zhenyu Ruan, Kensaku Takase, Daisuke Tatsuno, Kellie Blyth, Arjun Patel, Theo Ling, Conrad Flaczyk, Nadia Rauf, Cristina Messerschmidt, Brian Hengesbaugh, Stephen Reynolds, Nick Merker, Harry Valetk, Michael Egan, Gary Hunt, Dominic Panakal, Alex Crowley, Justin Burgess, Daniel Villanueva-Plasencia, Carlos Vela-Trevino, Flavia Rebello, Suha Alwan and Nadine Bosshard 66 Mins Read

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…

In California Privacy Law

Determann’s Field Guide to Data Privacy Law: International Corporate Compliance – 5th Edition

January 1, 2022 by Lothar Determann 2 Mins Read

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann’s Field Guide to Data Privacy Law comes into its own – identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change…

In Data Privacy

Standardizing Data Processing Agreements Globally

September 30, 2021 by Lothar Determann, Helena Engfeldt, Michaela Nebel, Flavia Rebello and Kensaku Takase 15 Mins Read

*Article originally posted on IAPP.org* Privacy professionals around the world are feverishly working on configuring and implementing the European Union’s new Standard Contractual Clauses (“SCCs”). On September 27, 2021, companies in the European Economic Area (EEA) must not enter into new cross-border data transfer arrangements with companies in the United States and most other countries, unless the recipient outside the EEA agrees to the new SCCs (Elisabeth Dehareng, Francesca Gaudino and Brian Hengesbaugh, The road ahead…

In Data Privacy

The Road Ahead in an Uncertain World of Cross-Border Data Transfers

June 30, 2021 by Brian Hengesbaugh, Elisabeth Dehareng and Francesca Gaudino 6 Mins Read

*Article originally posted on IAPP.org* The European Commission recently issued its decision approving revised standard contractual clauses for data transfers to third countries in the official journal. The new SCCs arrive at a critical juncture in the regulation of cross-border data transfers, as there is significant uncertainty in the market around how to address cross-border data transfer restrictions. What is the legal context for the introduction of the new SCCs? The new SCCs are a…

In Data Privacy

Consideration for EU Service Providers Supporting EU and Non-EU Customers

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…

In Data Privacy

Top-10 Do’s and Don’ts for Service Providers Implementing the New SCCs with EU Customers

June 28, 2021 by Brian Hengesbaugh, Dr Lukas Feiler and Dr Michaela Nebel 7 Mins Read

*Article originally posted on IAPP.org* The European Commission recently issued its decision approving revised standard contractual clauses for data transfers to third countries in the Official Journal. The new SCCs are a mechanism companies can use to address the restriction under Article 44 in the EU General Data Protection Regulation on the cross-border transfer of personal data to third countries. Given the timing requirements in the commission’s decision, the U.S. and other service providers located in…

In Data Privacy

The New European Commission Standard Contractual Clauses: What you need to know

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…