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European Data Protection Board Issues Opinion on EU-US Data Transfers

By Ana Hadnes Bruder, Arsen Kourinian, Dominique Shelton Leipzig, David A. Simon, Oliver Yaros, Dr. Ulrich Worm & Livia Crepaldi Wolf on March 9, 2023
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On February 28, 2023, the European Data Protection Board (“EDPB”) issued its opinion on the draft adequacy decision of the European Commission (the “Commission”) on the new EU-US Data Privacy Framework (“DPF”). The EDPB expressed reservations in connection with the DPF, which will now undergo scrutiny by other European institutions.

Who Should Read This Legal Update

This Legal Update is relevant for companies whose business may involve the transfer of personal data between the EU and the US. If the US is approved as a country with data adequacy on the basis of the DPF, data transfers from the EU by businesses that are certified to the DPF will no longer require separate data transfer mechanisms to provide additional safeguards such as Binding Corporate Rules or Standard Contractual Clauses.

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Photo of Ana Hadnes Bruder Ana Hadnes Bruder

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters…

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters, including preparing for and reacting to cyber-attacks, assessing and making required data breach notifications, analyzing data protection implications of new products and tools and providing strategic advice with a focus on cross-border data processing. Ana further advises on Technology Transactions including cloud services, data and software licensing agreements, SaaS agreements, software development projects, e-commerce, and related Cybersecurity & Data Privacy questions.

Ana is a registered lawyer in Germany and Brazil and has ten years of international experience as legal counsel in Brazil, France and Germany. Ana started her career at Mayer Brown in the Dispute Resolution practice where she represented clients in litigation and arbitration proceedings involving complex commercial, intellectual property and liability matters.

Before joining Mayer Brown, Ana gained experience representing foreign clients in judicial proceedings in Brazil and also worked as in-house counsel for a leading French company in Paris.

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Photo of Arsen Kourinian Arsen Kourinian

Arsen Kourinian is a partner in Mayer Brown’s Los Angeles office and a member of the Cybersecurity & Data Privacy practice. He is a certified data privacy professional and holds the fellow of information privacy (FIP) and certified information privacy professional (CIPP) credentials…

Arsen Kourinian is a partner in Mayer Brown’s Los Angeles office and a member of the Cybersecurity & Data Privacy practice. He is a certified data privacy professional and holds the fellow of information privacy (FIP) and certified information privacy professional (CIPP) credentials through the International Association of Privacy Professionals (IAPP) for the United States (CIPP/US), Europe (CIPP/E), Canada (CIPP/C), and Asia (CIPP/A). He also holds the IAPP certified information privacy manager (CIPM) designation and Privacy Management Professional certificate through OneTrust. Arsen further helps educate the next generation of data privacy professionals by serving as the chair of the CIPP/US Exam Development Board.

Arsen is a thought leader in data privacy and adtech, having published many articles regarding nuanced issues in these fields, presenting on these topics for numerous organizations and trade association groups, and working with companies to shape the data protection landscape in this ever-evolving area.

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Photo of Dominique Shelton Leipzig Dominique Shelton Leipzig

Dominique Shelton Leipzig is a partner in Mayer Brown’s Los Angeles office and a member of the Cybersecurity & Data Privacy practice. She serves as the lead for the Global Data Innovation as well as Ad Tech Privacy & Data Management practices. She…

Dominique Shelton Leipzig is a partner in Mayer Brown’s Los Angeles office and a member of the Cybersecurity & Data Privacy practice. She serves as the lead for the Global Data Innovation as well as Ad Tech Privacy & Data Management practices. She is one of the country’s top privacy and data lawyers and her considerable experience helps clients navigate the evolving legal compliance issues related to privacy and data security for their digital data initiatives.

With more than 30 years of experience, Dominique provides strategic privacy and cyber-preparedness compliance advice, and defends, counsels and represents companies on privacy, global data security compliance, data breaches and investigations. Her experience includes defending companies under investigation by the Federal Trade Commission, attorneys general offices and other regulatory and government authorities. She advises companies on best practices in privacy, cybersecurity, data, mobile, cloud storage, Ad Tech privacy, Internet of Things and other areas of regulatory compliance.

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Photo of David A. Simon David A. Simon

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the…

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the US Department of Defense (DoD) and chief cyber counsel to the US Cyberspace Solarium Commission, David has deep experience advising victims of ransomware attacks and state-sponsored cyber activity. Named as a Cybersecurity Trailblazer by The National Law Journal, David has also been named to Cybersecurity Docket’s “Incident Response 40,” a collection of 40 of the “best and brightest” incident response attorneys in the country. David regularly supports clients as the lead investigator and crisis manager for cross-border cyber incidents, including data breaches involving personal data, nation-state threats targeting intellectual property, state-sponsored theft of sensitive U.S. government information, and destructive attacks. David has directed and advised on dozens of complex cyber incident and data breach investigations in the last few years alone. He has counseled companies on major cyber incidents and incident preparedness across virtually every sector of the economy. David represents financial institutions, automotive manufacturers and self-driving car companies, tech companies, telecommunications companies, healthcare companies, insurance companies, defense and aerospace companies, private equity firms and their portfolio companies.

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Photo of Oliver Yaros Oliver Yaros

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a…

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a particular focus on fintech and digital transformation projects, as well as clients operating within a broad range of sectors on data protection matters and cybersecurity incidents, intellectual property transactions and related issues.

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Photo of Dr. Ulrich Worm Dr. Ulrich Worm

Ulrich Worm is a partner in the Frankfurt office of Mayer Brown and heads the German Intellectual Property practice. His practice focuses on technology related advice.

Ulrich advises clients in IP related matters, including patent, trade secrets, design right, trademark and copyright matters…

Ulrich Worm is a partner in the Frankfurt office of Mayer Brown and heads the German Intellectual Property practice. His practice focuses on technology related advice.

Ulrich advises clients in IP related matters, including patent, trade secrets, design right, trademark and copyright matters as well as on licensing, co-operation and other technology transfer agreements. He represents clients in patent infringement and nullity proceedings and in trade secrets litigation cases before courts in Germany. In addition to litigating IP cases before German courts, he coordinates pan-European and cross-Atlantic litigation cases. Further to his IP litigation practice, Ulrich advises on patent related matters such as patent license and other technology transfer agreements and is experienced in fighting counterfeiting of patent, design right and trademark protected products.

His practice further covers IT-related matters, including advising on cloud services, software licensing agreements, SaaS agreements, software development projects, e-commerce, and related data protection and privacy questions.

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  • Posted in:
    Privacy & Data Security
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown
  • Article: View Original Source

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