On March 25, 2022, the United States and the European Union jointly announced an “agreement in principle” to a new trans-Atlantic data privacy framework to facilitate the cross-border transfer of personal data (the “Framework”).1 As part of the Framework, the US has made “unprecedented commitments” related to intelligence collection and surveillance practices.2 The
Court of Justice of the European Union (CJEU)
Personal Data Transfers to the US and Other Non-EEA Countries
On 16 July 2020, the Court of Justice of the European Union (“CJEU“) examined the validity of the European Commission’s Privacy Shield Decision (Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield) as well as the validity of the European Commission’s Decision 2010/87/EC on Standard Contractual Clauses between…
Court of Justice Strikes Down the EU-US Privacy Shield But Rules that the Standard Contractual Clauses Can Be a Valid Mechanism for Transfers of Personal Data Outside of the European Union
By Mark A. Prinsley, Oliver Yaros & Ondrej Hajda on
Today (16 July 2020) the Court of Justice of the European Union (“CJEU”) delivered its long awaited decision on the validity of the European Commission’s Standard Contractual Clauses (“SCCs”) and the EU-US Privacy Shield (“Privacy Shield”).
Renewing Transatlantic Data Transfers: How Close Are We to a Revised Safe Harbor Agreement?
The European Union’s Commissioner for Justice, Věra Jourová, visited Washington DC last week to meet with US officials and discuss cross-border data transfers, including further negotiations on a revised Safe Harbor agreement. The original Safe Harbor framework that permitted transfers of personal data of European citizens to the United States was declared invalid by the…
Court of Justice of the European Union holds that “Safe Harbor” decision of European Commission is invalid
In its judgment of October 6, 2015 (Case C-362/14) the Court of Justice of the European Union (“CJEU”) held that transfers of personal data of European citizens to the United States made under the so-called Safe Harbor scheme are subject to significant risks, and declared the corresponding decision of the European Commission to be invalid.…