Tag Archives: data transfers

China Issues Draft Measures on Security Assessment of Cross-Border Data Transfer

By Daniel Pepper on November 5, 2021 Posted in Cybersecurity, Information Governance

On Oct. 29, 2021, the Cyberspace Administration of China (CAC) published the “Draft Measures on Security Assessment of Cross-Border Data Transfer” (Draft Measures) for comment through Nov. 28. The Draft Measures follow and are based on China’s Cybersecurity Law (CSL), Data Security Law (DSL), Personal Information Protection Law (PIPL) and related regulations. These measures appear … Continue Reading

International Data Protection Update – Summer 2021

By Nichole Sterling, Melinda L. McLellan and Andreas Kaltsounis on September 21, 2021 Posted in Data Protection, Enforcement, EU, GDPR, International Privacy Law

This update highlights some of the international data protection issues that caught our attention, and the attention of our clients, over the summer. Asia-Pacific China’s Data Security Law and Personal Information Protection Law – This summer, the People’s Republic of China passed two new data protection laws. The Data Security Law (DSL) passed in June … Continue Reading

Updated EU Standard Contractual Clauses Are Finally Here

By Nichole Sterling, Andreas Kaltsounis and Melinda L. McLellan on June 8, 2021 Posted in EU, GDPR

On June 4, 2021, the European Union’s (EU) executive branch, the European Commission (EC), released their new Standard Contractual Clauses (SCCs) for compliant cross-border data transfers under the EU’s General Data Protection Regulation (GDPR), ending a long wait for revised SCCs. The new SCCs resolve certain practical issues companies faced when using the older versions but … Continue Reading

European Authorities Release Back-to-Back Drafts Addressing Cross-Border Data Transfers

By Melinda L. McLellan and Nichole Sterling on November 19, 2020 Posted in EU, GDPR

Last week, both the European Data Protection Board (EDPB) and the European Commission released highly anticipated draft documents offering guidance to organizations that engage in cross-border data transfers involving EU personal data. The EDPB, an independent body responsible for consistent application of data protection rules throughout the EU, published draft recommendations on supplemental measures for transfer … Continue Reading

EU-U.S. Privacy Shield Framework Joint Annual Review 2.0

By David M. Brown on October 30, 2018 Posted in Enforcement, International Privacy Law

As we previously reported here, the Federal Trade Commission (FTC) announced several enforcement actions in late 2017, on the eve of the first annual joint EU-U.S. review of the Privacy Shield Framework. Now the second annual review of the EU-U.S. Privacy Shield Framework is underway, and the FTC has announced several new enforcement actions, which … Continue Reading

Privacy Shield Update: Ahead of First Joint Review, Europeans Remain Skeptical as FTC Announces Enforcement Actions

By Melinda L. McLellan and Emily R. Fedeles on September 12, 2017 Posted in Enforcement, International Privacy Law

On September 8, 2017, the Federal Trade Commission (FTC) announced enforcement actions against three companies alleged to have falsely claimed participation in the EU-U.S. Privacy Shield Framework. The move follows several months of uncertainty surrounding the Framework’s future as EU officials and privacy advocates have questioned its efficacy and validity in the run-up to the … Continue Reading

Swiss-U.S. Privacy Shield Framework to Launch April 12

By Melinda L. McLellan and Emily R. Fedeles on January 14, 2017 Posted in International Privacy Law

On January 11, 2017, the U.S. Department of Commerce, the Swiss Federal Council and the Swiss Federal Data Protection and Information Commissioner (FDPIC) issued press releases announcing that an agreement has been reached on a new cross-border data transfer mechanism, the Swiss-U.S. Privacy Shield Framework (the Swiss Privacy Shield). The Swiss Privacy Shield replaces its … Continue Reading

Privacy Shield to Open for Business August 1

By Melinda L. McLellan and Jenna N. Felz on July 20, 2016 Posted in International Privacy Law

After more than two years of negotiations, on July 12, 2016, the European Commission formally adopted the EU-U.S. Privacy Shield (the “Privacy Shield”) framework as a valid mechanism for transfers of personal data from the EU to the U.S. Touting the Privacy Shield as “a robust new system to protect the personal data of Europeans … Continue Reading

Privacy Shield Developments and UK Data Transfers Post-Brexit

By Melinda L. McLellan and Jenna N. Felz on June 28, 2016 Posted in International Privacy Law

With the UK’s Brexit referendum dominating the news out of Europe over the past week, it may have been easy to miss a key development in the continuing Privacy Shield negotiations. On Friday, June 24, news outlets reported that U.S. regulators and the European Commission had agreed on a finalized version from the Privacy Shield, a proposed … Continue Reading

German Data Protection Authority Issues Fines for Unlawful Cross-Atlantic Data Transfers

By Jenna N. Felz, Melinda L. McLellan and Alexandra Beierlein on June 9, 2016 Posted in Enforcement, International Privacy Law

The Data Protection Authority of Hamburg, Germany has made good on its promise to audit cross-Atlantic data transfers in the wake of the October 2015 Safe Harbor decision. On June 6, the Hamburg DPA announced that it had fined three companies for unlawful transfers of personal data from the EU to the United States. According … Continue Reading

Trans-Pacific Partnership Would Promote Cross-Border Data Transfers and Restrict Data Localization

By David M. Brown on November 10, 2015 Posted in International Privacy Law

As U.S. and European regulators and businesses work toward solutions in the wake of last month’s decision by the Court of Justice of the European Union that invalidated the EU-U.S. Safe Harbor framework for cross-border data transfers – previously discussed here and here – the Trans-Pacific Partnership (TPP) trade agreement seeks to facilitate cross-border data … Continue Reading

Safe Harbor Is Dead, Long Live Standard Contractual Clauses?

By Melinda L. McLellan and William W. Hellmuth on October 22, 2015 Posted in Enforcement, International Privacy Law

For the past 15 years, the EU-U.S. Safe Harbor Framework has been one of the most popular data transfer mechanisms for organizations that engage in cross-border transfers of EU personal data to the United States. In the aftermath of the recent invalidation of the Safe Harbor Framework by the Court of Justice of the European … Continue Reading

What Now? What Next? FAQs and Answers Regarding the Safe Harbor Decision

By Tanya Forsheit and Melinda L. McLellan on October 12, 2015 Posted in Enforcement, International Privacy Law

As we discussed in our blog post last week, on October 6, 2015, the Court of Justice of the European Union issued a judgment that invalidated the EU-U.S. Safe Harbor Framework. For the past 15 years, thousands of companies have been using the Safe Harbor Framework to transfer personal data from the EU to the … Continue Reading