Cross-border data transfers

Data Protection and Brexit – Prospects for UK Adequacy

David Smith

Last week, the UK Parliament passed the European Union (Withdrawal Agreement) Bill (see our recent publication regarding the key provisions of the Bill). Following Royal Assent, the European Union (Withdrawal Agreement) Act 2020 now gives effect, in the UK, to the EU Withdrawal Agreement, as negotiated with the EU and including the transition period to Read More

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CJEU Pokes Facebook – SCCs in Need of a Status Update

Benjamin Scrace

The Court of Justice of the European Union (CJEU) heard oral submissions on Tuesday regarding the validity of standard contractual clauses (SCCs) in Facebook Ireland & Schrems (Case C-311/18) (“Schrems II”). The Advocate General’s non-binding opinion (to be released in December 2019) will be analysed closely – SCCs underpin international transfers (not just to the Read More

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ICO Brings Some Welcome Clarification to the GDPR’s International Transfer Rules

David Smith

One of the challenges thrown up by the GDPR is understanding the interrelation between the extra-territorial scope provisions in Article 3 and the restrictions on international transfer in Chapter V. How, for example, do the international transfer restrictions apply, if they apply at all, to a data controller that has no presence in the EU Read More

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The intersection of US litigation and EU data privacy laws

Laura Hall

Companies with operations in the EU are increasingly finding that the broad scope of discovery in litigation in the United States is in conflict with their obligations under laws implementing the EU Data Privacy Directive. Most US courts, when considering whether production of documents in violation of foreign data privacy law should be compelled, have Read More

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Article 29 Working Party opinion on proposed amendments to adequacy decisions

Charlotte Mullarkey

The Article 29 Working Party (WP29) has published Opinion 04/2016 (the Opinion) on two European Commission draft Decisions aimed at curing the defects in the Commission determinations of the adequacy of protection (Adequacy Decisions) identified by the CJEU in Schrems.  Although dated 31st October 2016, it appears to have been only published on Friday and the Read More

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What hangs in the balance in Microsoft’s win against the U.S. government?

Keren Livneh

On July 14, 2016, the Court of Appeals for the Second Circuit reversed a District Court decision ordering Microsoft to comply with a warrant issued in a U.S. narcotics trafficking investigation to produce a customer’s web-based emails, stored exclusively on servers in Ireland. The Second Circuit held that the Stored Communications Act (SCA), under which Read More

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