Compliance with the GDPR by US companies doing business in the EU has become a sore point between the parties, the most recent salvo being invalidation of the Privacy Shield framework by the European Court of Justice. In March 2022, the European Commission and the US reached an agreement in principle for a Trans-Atlantic Data Privacy Framework. On July 10,...
In 2020, the European Court of Justice (ECJ) annulled Privacy Shield, the EU-U.S. data flows pact. That decision, however, did not invalidate the privacy standard contractual clauses (SCCs). In an earlier post the issue of if the SCCs would survive the ECJ’s Privacy Shield decision was raised: https://spelusolawoffice.com/2020/09/11/will-the-eus-standard-contract-clauses-survive-the-invalidation-of-privacy-shield-with-respect-data-transfers-between-the-eu-and-us/. The news website Politico recently reported that the Irish Data Protection Commission circulated a draft...
On July 16, 2020, the Court of Justice of the European Union issued a judgment declaring the inadequacy of the protections provided by the EU-US Privacy Shield Framework. Privacy Shield was developed by the US Department of Commerce and the European Commission to facilitate compliance with personal data protection requirements when transferring personal data from the European Union to the United...
In accordance with the General Data Protection Regulation (GDPR), contractual clauses ensuring appropriate data protection safeguards can be used as a basis for data transfers from the EU to third countries. These include standard contractual clauses (SCCs) – that have been “pre-approved” by the European Commission. On 4 June 2021, the European Commission updated the SCCs that were adopted under Data...
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