Standard Contractual Clauses Archives

In Data Privacy

China Proposes Ease of Cross-Border Transfer Rules as November 30 Deadline Looms

October 9, 2023 by Rachel Ehlers, Brian Hengesbaugh and Zhenyu Ruan 5 Mins Read

In Brief On September 29, 2023, China’s primary data protection regulator, the Cyberspace Administration of China (“CAC”), proposed new rules for cross-border data transfers from China (the “Draft Rules”). If implemented as written, the Draft Rules, which are currently subject to public comment through mid-October, will significantly roll back requirements for many US and multinational organizations. There is no specific deadline for adoption, but it is expected prior to November 30, 2023, which is the…

In Data Privacy

What ‘Schrems II’ means for controller-to-processor SCCs

July 20, 2020 by Michael Egan and Francesca Gaudino 2 Mins Read

The decision by the Court of Justice of the European Union in “Schrems II” provides that the controller-to-processor standard contractual clauses are a viable mechanism for data transfers from the EU to third countries but identified further conditions that need to be considered when implementing them to address the requirement to provide “adequate protection” to such transfers. The CJEU put the onus on data exporters to determine whether the exporter’s implementation of the C2P SCCs…

In Data Privacy

Schrems II: European Court of Justice Upholds the SCCs and Invalidates the EU-US Privacy Shield Framework

July 16, 2020 by Elisabeth Dehareng, Joanna De Fonseka, Dr Lukas Feiler, Francesca Gaudino, Brian Hengesbaugh, Julia Kaufmann, Wouter Seinen and Florian Tannen 2 Mins Read

The European Court of Justice (“ECJ”) issued a landmark ruling earlier today that invalidates the EU – US Privacy Shield Framework (“Privacy Shield”) in Case C-311/18 (“Schrems II”).