The EDPB has provided input about consent in its recent FAQs responding to the Schrems II invalidation of Privacy Shield. As we wrote about previously in this series, Schrems II impacted how companies transfer data from the EU to the U.S..  As background, under GDPR, consent from the individual can be relied on to transfer information from the EU to an entity outside of the EU’s borders if three conditions exist. The EDPB reminded companies of these three conditions in its FAQs, drawing on prior guidance about consent:
Continue Reading Schrems II Fallout Continued: Can Companies Rely on Consent?

On July 16, 2020, in the case colloquially known as “Schrems II,” the Court of Justice of the European Union (CJEU) struck down the EU-US Privacy Shield, finding it an invalid mechanism for transferring data from the EU to the US. The CJEU concluded that the Standard Contractual Clauses (SCCs) are valid for the transfer of personal data outside the EU (which would include transfers to the US), with certain conditions.
Continue Reading CJEU Invalidates Privacy Shield, But Upholds SCCs with Conditions

The FTC recently released its annual privacy and security report, providing a snapshot of the issues focused on in the previous year. These reports are often looked at as a signal for insights into the agency’s upcoming priorities. Generally, the report contains a summary of the FTC’s enforcement, advocacy, and rulemaking actions from 2019, a year where we saw several record-setting fines. The report also discusses privacy/security workshops, consumer education, and international engagement. Some of the highlights from 2019 discussed in the report include:
Continue Reading FTC Releases 2019 Privacy and Security Year in Review