Topic
Data Transfer
1,085 published works
The Data Advisor
EU Regulators Define Data Transfers
By Cédric Burton, Jan Dhont, Laura De Boel, Rossana Fol
They State That Direct Collection of Personal Data by Non-EU Companies Is Not a "Data Transfer" Under the GDPR On November 18, 2021, the European Data Protection Board (EDPB) issued…
Privacy Compliance & Data Security
The Interplay Between GDPR’s Article 3.2 and Chapter V and (Finally) a Definition of ‘Transfer’
By Odia Kagan
The European Data Protection Board has issued draft guidelines on the interplay between Art 3.2 and Chapter V of GDPR. And they also have finally defined the term "transfer." Here…
Data Counsel
Are More European Standard Contractual Clauses Coming?
By Andreas Kaltsounis, Nichole Sterling
On November 18, 2021, the European Data Protection Board (EDPB) adopted its new draft guidance on the interplay between Article 3 of the European Union’s General Data Protection Regulation (GDPR) and…
Inside Privacy
EDPB Publishes Draft Guidelines on Interplay of Article 3 GDPR and the GDPR’s Cross-Border Transfer Rules
By Nicholas Shepherd, Dan Cooper, Covington and Burling LLP
On November 19, 2021, the European Data Protection Board (“EDPB”) published its draft Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers…
Byte Back
EDPB Issues Draft Guidelines on Interplay Between GDPR’s Jurisdictional Scope and Cross-Border Data Transfer Requirements
By David Stauss [Former Attorney]
Keypoint: The EDPB takes the position that geographical boundaries – and not GDPR’s jurisdictional reach – govern the restricted transfer determination. On November 19, 2021, the European Data Protection Board…
Privacy Compliance & Data Security
Schrems II Transfers and How They Work IRL: #Cryandpray
By Odia Kagan
A client requests that you conduct a TIA for data transfers to a US cloud service provider who will (gasp) access the data in the clear. Do you: run away…
Data Counsel
China Issues Draft Measures on Security Assessment of Cross-Border Data Transfer
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…
Privacy Compliance & Data Security
A (Slight) Light at the End of the Schrems II Tunnel: EDPS on the Explicit Consent Derogation
By Odia Kagan
The European Data Protection Supervisor (EDPS) has issued an opinion on the European Union Agency for Cybersecurity's (ENISA) use of the explicit consent derogation as a legal basis for cross…
The CLS Blue Sky Blog
Kirkland & Ellis Discusses Cross-Border Transfers of Personal Data
By Emma Flett, Jennifer Wilson
In the wake of the landmark judgment in Schrems II in July 2020 (which invalidated the EU-US Privacy Shield with immediate effect) (as reported by us here), the European Commission…
Privacy & Information Security Law Blog
Transition Period for Old Standard Contractual Clauses Ends
On September 27, 2021, the transition period allowing companies to continue using the previous EU Standard Contractual Clauses for transfers from the EU ended. Companies entering into new transfer agreements…