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*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…

*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…

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 this episode of Connect on Tech, our host, Brian Hengesbaugh is joined by Francesca Gaudino, partner and head of Baker McKenzie’s Information Technology & Communications Group in Milan to discuss the EU Digital COVID Certificate that will facilitate safe free travel of citizens in the EU during the COVID-19 pandemic. On June 1, a month ahead of schedule, seven member states have decided to connect to the gateway and are issuing certificates, with more…

On May 27, 2020, the European Commission put forward its proposal for a European Recovery Plan (ERP) with a new EUR 750 billion funding via its financial recovery instrument, called the “Next Generation EU” which would be funded by borrowing on the financial markets. If approved by the Member States, Next Generation EU will invest EUR 500 billion through grants and EUR 250 billion through loans. This is additional to a ‘boosted and reinforced’ EUR 1.1…

The so-called Omnibus Directive 2019/2161[1] is part of the European Union’s ‘New Deal for Consumers’ initiative aimed at amending four legal acts, namely Council Directive 93/13/EEC (unfair contract terms), Directive 98/6/EC (price indications), Directive 2005/29/EC (unfair commercial practices) and Directive 2011/83/EU (consumer rights – “Consumer Rights Directive”) in order to improve and modernise consumer protection legislation and to strengthen their enforceability. The EU Member States must transpose the Omnibus Directive into national law by November…

In the weeks and months ahead, contact tracing technologies will play a critical role in the societal fight against COVID-19, and the quest to restore order. A number of recent developments both in the European Union and the United Kingdom offer insight on the regulatory expectations in the widespread use of location data for this new health policy purpose. In this post, we summarise key points from the following UK and EU regulatory guidance, which…

Antitrust enforcement officials in the US and EU are watching developments surrounding the use of pricing algorithms and artificial intelligence. One area in particular that has drawn attention is the emerging use for AI to combine data and analytics to more accurately price products. Of course, competitive intelligence gathering is a fact of life in business, and many companies have compliance policies to deal with antitrust risks that can arise when handling such information. However,…

In this episode of Connect On Tech, your host ​Brian Hengesbaugh is joined by Julia Kaufmann, a partner at Baker McKenzie in Munich. In this episode, you will learn about: The Planet49 case and the ruling of the Court of Justice of the European Union Broader implications this case has beyond sweepstakes operators, how it will impact all website operators, and the huge elements of change in regards to cookies and affirmative consent Open questions…