IAPP FAQs: What does the CJEU's 'Schrems II' case mean for data transfers?

(Jul 10, 2019) Are standard contractual clauses still valid? Yes. The Court of Justice of the European Union has been asked a number of questions about transfers of personal data to the U.S., where the transfers are made on the basis of EU Commission–approved SCCs. The hearing took place July 9, but a decision is unlikely before the end of 2019 or early 2020, and SCCs remain valid until that date. What about the EU-U.S. Privacy Shield? Yes, this is still valid at the moment. The case is not directly abou... Read More

IAPP FAQs: What will CJEU's 'Schrems II' decision mean for transborder data flows?

(Jul 10, 2019) The Court of Justice of the European Union heard arguments in the so-called "Schrems II" case Tuesday. Though the court has yet to hand out a decision, there is a chance the court could upend the validity of standard contractual clauses and possibly the EU-U.S. Privacy Shield framework. At this point, privacy pros may be asking what all this will mean for their organizations. In this post for The Privacy Advisor, Bird & Bird Partner and Co-Head of International Data Protection Practice Ruth ... Read More

EU, Chile to cooperate on strengthening data flows, protections

(Jul 10, 2019) EU Commissioner for Justice, Consumers and Gender Equality Věra Jourová met with Chilean Minister of Finance Felipe Larraín Bascuñán and Minister of Justice and Human Rights Hernán Larraín Fernández to discuss methods to strengthen cooperation on data protection and data flows between the country and the European Union. The officials recognize the protection of personal data is a fundamental right and “a central factor of citizens' trust in our increasingly data-driven economy.” As part of their... Read More

México ratifica el T-MEC con Estados Unidos y Canadá

(Jul 10, 2019) El pasado 19 de junio de 2019, en sesión extraordinaria y con 114 votos a favor, 4 votos en contra y tres abstenciones, el Senado de México aprobó la ratificación del T-MEC que remplazaría al actual Tratado de Libre Comercio de América del Norte (TLCAN), conocido también como NAFTA, (por sus siglas en inglés). En este sentido es importante considerar que el T-MEC resulta relevante ya que contiene un apartado específico de comercio digital, el cual dispone diversas reglas para el flujo transfront... Read More

After CJEU hears Schrems II, both sides concerned outcome could be dire

(Jul 9, 2019) The European Court of Justice hearing in case 311/18, also known as “Schrems II," stretched arguments to the limit Tuesday. In a mammoth eight-hour session, the court heard from the Irish Data Protection Commissioner, Facebook, the Electronic Privacy Information Center, DigitalEurope, the Business Software Alliance, the European Commission, the European Data Protection Board, the U.S. government, several EU countries and representatives of Max Schrems himself. Jennifer Baker has details on the a... Read More

CJEU's hearing on Schrems II has both sides worried ruling could be sweeping

(Jul 9, 2019) The European Court of Justice hearing in case 311/18, also known as “Schrems II," stretched arguments to the limit Tuesday. In a mammoth eight-hour session, the court heard from the Irish Data Protection Commissioner, Facebook, the Electronic Privacy Information Center, DigitalEurope, the Business Software Alliance, the European Commission, the European Data Protection Board, the U.S. government as well as several EU countries and representatives of Max Schrems himself. Following a complaint t... Read More

CJEU prepared to hear arguments in Schrems' case against Facebook

(Jul 8, 2019) Reuters reports Facebook and Austrian lawyer Max Schrems are finally set to give their arguments to the Court of Justice of the European Union Tuesday in a case regarding the social network's use of standard contractual clauses for personal data transfers. The long-awaited trial will commence after Facebook's attempts to avoid a CJEU hearing through an appeal. The CJEU's decision has the potential to affect cross-border data transfers for hundreds of thousands of companies and organizations, whi... Read More

China's cross-border transfer draft prompts data localization concerns

(Jul 1, 2019) The Cyberspace Administration of China published the Draft Administrative Measures on Evaluating the Security of Transmitting Personal Information Overseas June 13, prompting many to worry about the reemergence of data localization. The CAC published a previous draft measure in 2017 that had the first proposed general obligations of data localization for companies in mainland China; however, it was met with strong negative reaction and ultimately was not enacted. EY Data Protection Officer Galaa... Read More

Japan calls for international rules, launches plans for transborder data flows

(Jul 1, 2019) Japanese Prime Minister Shinzo Abe has announced the launch of a new data-sharing framework that promotes the protected free flow of data across borders. The "Osaka Track" will follow Abe's "Data Free Flow with Trust" notion that seeks to make rules on the international movement of data flows more uniform while improving protections for personal information, intellectual property and cybersecurity. “Unleashing such potential for maximum utility requires international rules that are in sync with ... Read More