European Commission Archives

In Data Privacy

US Government Announces Full Implementation of New Privacy Safeguards under Executive Order 14086: The Path is Now Cleared for the European Commission to Adopt the Adequacy Decision for the EU-U.S. Data Privacy Framework

The US Office of the Director of National Intelligence (“ODNI”) announced today that it has fully implemented new safeguards under Executive Order 14086. See INTEL – ODNI Releases IC Procedures Implementing New Safeguards in Executive Order 14086. These steps clear the path for the European Commission to adopt the draft “adequacy decision” for cross-border data transfers pursuant to the EU-U.S. Data Privacy Framework. By way of brief background, in July 2020, the Court of Justice…

In Data Privacy

European Commission Moves Towards U.S. Adequacy Decision for Data Transfers

On December 13, the European Commission (“EC”) announced a draft decision on the adequacy of the U.S data protection regime to protect the personal data of European Union (“EU”) residents, the EU-U.S. Data Privacy Framework (“DPF”). The DPF, which was initially announced in March 2022 as a political agreement between the EU and the U.S., and then bolstered by President Biden’s Executive Order (“EO”) in October 2022, opens the door for an EU-U.S. data transfer…

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…

In Digital Transformation

European Commission launches a Sector Inquiry into the Consumer Internet of Things

July 17, 2020 by Samantha Mobley, Kurt Haegeman, Paul Johnson and Nicolas Kredel 1 Min Read

On 16 July 2020, the European Commission announced the launch of a sector inquiry into the market for consumer products and services linked to the Internet of Things (IoT). The Commission defines IoT broadly. The sector inquiry is likely to cover any consumer facing system connecting physical or virtual objects to other objects or the internet. This includes smart home appliances and wearables (e.g., fitness trackers or smart watches). Commissioner Vestager says voice assistants are…

In Healthcare & Life Sciences

Delay of MDR Implementation and its Implications on Brexit

July 1, 2020 by Jaspreet Takhar 3 Mins Read

Delay of MDR Implementation and its Implications for Brexit The recent postponement of the Medical Device Regulation 2017/745 (“MDR”) means its full application will now fall beyond the end of the Brexit transition period. This could have a huge impact on the UK’s legal framework for medical device regulation after Brexit. Background The MDR repeals the existing Medical Device Directive 94/32/EEC (“MDD”). The MDR came into force on 25 May 2017, and originally, approved medical…