Data Privacy

On September 8, 2020, the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland opined that the Swiss-U.S. Privacy Shield Framework does not provide adequate protection for data transfers from Switzerland to the United States as required under Switzerland’s Federal Act on Data Protection.  The FDPIC’s Policy Paper can be found here: https://spelusolawoffice.com/wp-content/uploads/2021/02/64261.pdf. The FDPIC reached its conclusion based upon...

An earlier post on this site reported on the July 16th judgment by the Court of Justice of the European Union (CJEU) invalidating the EU-US Privacy Shield framework.  The CJEU’s decision, however, left intact the Standard Contract Clauses (the “SCCs”) for data transfers between European Union and Non-European Union countries.  The Standard Contract Clauses, which are promulgated by the European...

The EU-US Privacy Shield Framework 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 States. Organizations participating in the program were deemed to provide “adequate” privacy protection outside of the European Union under the EU Data Protection Directive (GDPR)....

Within the European Union, the protection of natural persons in relation to the processing of personal data is a fundamental, although not absolute, right. On May 25, 2018, the provisions of the European Union’s General Data Protection Regulation (the “GDPR” or “Regulation”) ((EU) 2016/679) take effect. The GDPR repeals the Data Privacy Directive (Directive 95/46/EC) that took effect in 1995....