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The EU Commission adopted today an adequacy decision for the EU-US Data Privacy Framework. As we indicated last month, this has been an area closely watched by those transferring data from the EU to the US. The issue has been a contentious one. Concerns in particular have been raised on the EU side regarding US surveillance agencies’ ability to access non-US individuals’ personal information. These concerns led to the downfall of both of the Framework’s predecessors: Safe Harbor and Privacy Shield. Continue Reading EU Adopts Adequacy Decision for EU-US Data Privacy Framework

As those in the privacy world await the outcome of the EU-US privacy framework negotiations, the EDPB was in the news recently for a different mechanism for data transfers: Binding Corporate Rules. Namely, it adopted recommended standard forms for BCR applications by controllers and recommendations for the application process.Continue Reading EDPB Adopts Binding Corporate Rules Recommendations

The French Data Protection Authority capped off 2022 by terminating an investigation into Lusha Systems, Inc.’s compliance with GDPR. CNIL concluded that the law did not apply to the US company’s activities. As many know, since GDPR was passed US companies have been concerned about the extent the law applies outside of the EU: it applies not only to those entities with operations in the EU, but also those outside of the region who are either offering goods or services to people in the EU or monitoring individuals in the EU. Here, CNIL concluded that Lusha was not offering goods or services to those in the EU, nor was it monitoring those in the EU.Continue Reading CNIL Weighs in On GDPR Applicability to US Company

The EU released its draft adequacy decision for the EU-US Data Privacy Framework, but all is not smooth sailing. As we wrote in October, the US developed the proposed new framework in response to the declared inadequacy of the EU-US Privacy Shield program. Continue Reading EU’s Initial Response to US Proposed Data Transfers Framework

President Biden signed a new executive order on Friday, with a framework that seeks to replace the existing Privacy Shield program. That program was found to be an invalid mechanism for transferring personal data between the EU and the US in 2020 (the Schrems II decision). Since then, companies have struggled to establish an appropriate mechanism for transfer of information from the EU to the US.Continue Reading EU To Review New EU-US Data Transfers Framework

The EDPB recently announced its second topic for coordinated enforcement. At a national level, data protection authorities in the EU will be looking into the position of the data protection officer. The results of these national actions are analyzed and bundled, generating deeper insights into a particular topic. Last year, the EDPB had selected the use of cloud-based services by the public sector for its first coordinated enforcement action. So, this second topic will be of more relevance to a wider set of organizations. Given that the report on the outcome of the 2022 coordinated action is expected to be adopted before the end of the year, companies can expect a report on the DPO position sometime in 2023. Continue Reading EU Regulators to Take Closer Look at DPO Position

Companies transferring personal data out of the EU or UK are reminded of key deadlines approaching for the contracts that govern these transfers. When the European Commission adopted the new Standard Contractual Clauses (SCCs) in 2021, it set a deadline of December 27, 2022 for existing contracts under the old SCCs. This means that by December 27, 2022 onward, all existing contracts using the old SCCs will need to be replaced by the new terms.Continue Reading Deadlines for EU and UK Standard Contractual Clauses Approaching