Cross-border data transfers

Schrems II: French Conseil d’Etat provides insight into sufficient safeguards for EU personal data accessed from the US

Laurie-Anne Ancenys

On 12 March 2021, the Conseil d’Etat, the highest administrative court of France, issued a decision that might have significant impact on personal data transfers to third countries in the aftermath of the Schrems II decision of the Court of Justice of the EU (CJEU). The Counseil d’Etat dismissed an interim relief claim filed by healthcare Read More

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Data Protection Post-Brexit: Where are we now and what happens next?

Emma Keeling

The UK has left the EU, the transition period is over, the UK and EU have agreed a new Trade and Cooperation Agreement, so what now for data protection? We look at the key consequences of Brexit for data protection and the practical impact for organisations: What law applies? What must businesses do to allow Read More

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UK Adequacy: Good News From The European Commission But Might There Be A Bumpy Road Ahead?

David Smith

News of the European Commission’s draft Decision that the UK ensures an adequate level of protection for personal data transferred from the EU to the UK can only have been greeted by with a sigh of relief by businesses both in the UK and in the EU. This is the first and most important step Read More

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What Are The Prospects for UK Adequacy Now?

David Smith

EU officials were reported recently in the media as saying that there are two key issues standing in the way of an adequacy finding for the UK. These are the use of data by the UK intelligence services and the potential “onward flow” of data from the UK to countries such as the US.  Apparently Read More

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Schrems II – The CJEU Leaves Us With More Questions Than Answers

David Smith

Immediately following the landmark decision of the CJEU in Schrems II on 16 July my colleague Nigel Parker discussed, in his blog, the decision and its likely implications for international data transfers. More recently Jane Finlayson-Brown has discussed The European Data Protection Board’s (EDPB) FAQs on the judgment. I am now adding some further thoughts Read More

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Schrems II – EDPB FAQs response

Jane Finlayson-Brown

Further to last week’s landmark decision by the Court of Justice of the European Union (CJEU) in Case -311/18 Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (Schrems II) invalidating the EU-US Privacy Shield data transfer mechanism, European data protection regulators have been discussing their response and EU data exporters have been waiting. Read More

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