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Insights

Briefings on privacy, cybersecurity, AI governance, and cross-border data transfers.

Cross-Border Data Transfers

New EU-U.S. Adequacy Decision Spells Major Development in Transatlantic Data Transfers

The European Commission has adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF adequacy decision shows that the European Commission feels that “the United States ensures an adequate level of protection–comparable to that of the European Union–for personal data transferred from the EU to U.S. companies under the new…

Read insight — New EU-U.S. Adequacy Decision Spells Major Development in Transatlantic Data Transfers
Cross-Border Data Transfers

European Data Protection Board Guidelines Clarify when Processing is an International Transfer under the GDPR

The European Data Protection Board (“EDPB”) has started a public consultation for new Guidelines. Although the Guidelines will not be legally binding, they do provide needed guidance regarding the interaction between GDPR art. 3 (addressing territorial scope of the GDPR) and chapter 5 (addressing transfers of personal data to third countries or international organizations). The version of the Guidelines that is…

Read insight — European Data Protection Board Guidelines Clarify when Processing is an International Transfer under the GDPR
Cross-Border Data Transfers

The New EU Standard Contractual Clauses Have Arrived: Next Steps for Compliance

Starting today, the new EU standard contractual clauses (“SCCs”) officially replace the old SCCs for use as a GDPR-compliant transfer mechanism for EU personal data. On June 4, 2021, the European Commission released its Implementing Decision on the final version of the new SCCs for the transfer of personal data to third countries. The new SCCs entered into force…

Read insight — The New EU Standard Contractual Clauses Have Arrived: Next Steps for Compliance