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EDPS considers Privacy Shield replacement unlikely for a while

The data transfer agreements between the EU and the USA, namely Safe Harbor and its successor Privacy Shield, have suffered a hard fate for years. Both have been declared invalid by the European Court of Justice (CJEU) in the course of proceedings initiated by Austrian lawyer and privacy activist Max Schrems against Facebook. In either […]

The Controversy around the Council of the European Union’s Declaration on End-to-End Encryption

In the course of November 2020, the Council of the European Union issued several draft versions of a joint declaration with the working title “Security through encryption and security despite encryption”. The drafts were initially intended only for internal purposes, but leaked and first published by the Austrian brodcasting network “Österreichischer Rundfunk” (“ORF”) in an […]

EDPB extends consultation period for suplementary measures drafts in 42nd Plenary Session

On November 19th, the European Data Protection Board (EDPB) met for its 42nd plenary session. During the session, the EDPB presented two new Standard Contractual Clauses (SCCs) drafts, which have been developed after the Schrems II decision to give more legal certainty to data transfers, as well as extended the public consultation period on transfer […]

Microsoft reacts on EDPB’s data transfer recommendations

Microsoft (“MS”) is among the first companies to react to the European Data Protection Board’s data transfer recommendations (please see our article), as the tech giant announced in a blog post on November 19th. MS calls these additional safeguards “Defending Your Data” and will immediately start implementing them in contracts with public sector and enterprise […]

European Commission issues draft on Standard Contractual Clauses

A day after the European Data Protection Board (EDPB) issued its recommendations on supplementary measures, on November 12th the European Commission issued a draft on implementing new Standard Contractual Clauses (SCCs) for data transfers to non-EU countries (third countries). The draft is open for feedback until December 10th, 2020, and includes a 12-month transition period […]

Swiss Data Protection Commissioner: “Swiss-U.S. Privacy Shield not providing adequate level of Data Protection”

Following the recent ruling by the Court of Justice of the European Union (“CJEU”) the Swiss Data Protection Commissioner (“EDÖB”) published a statement concerning the level of Data Protection of Data Transfers under the Swiss-U.S. Privacy Shield. The “Schrems II” decision by the CJEU is not legally binding in the Switzerland because Switzerland is neither […]

U.S. Commerce Department publishes FAQs on EU-US Privacy Shield

The U.S. Commerce Department has released a frequently asked questions page (FAQ) with regards to the EU-US Privacy Shield, following the latest decision of the Court of Justice of the European Union (CJEU) in the Schrems II case. The FAQ consists of five questions which revolve around the situation after the invalidation of the Privacy […]

CJEU judges the EU-US Privacy Shield invalid

On June 16th, 2020, the Court of Justice of the European Union (CJEU) has declared the invalidity of Decision 2016/1250, therefore rendering protection granted to data transfers under the EU-US Privacy Shield inadequate. The background The case originated in a complaint of Mr. Max Schrems against Facebook Ireland regarding the transfer of his personal data […]

Transatlantic Data Transfers in light of the Two Year Anniversary of GDPR Application

In the last two years since the General Data Protection Regulation (GDPR) came into effect on May 25, 2018, it has received an overall positive feedback and structured the data protection culture not only in the European Union, but has set an example for international privacy standards. However, especially from the American side of the […]

Advocate General releases opinion on the validity of SCCs in case of Third Country Transfers

Today, Thursday 19 of December, the European Court of Justice’s (CJEU) Advocate General Henrik Saugmandsgaard Øe released his opinion on the validity of Standard Contractual Clauses (SCCs) in cases of personal data transfers to processors situated in third countries. The background of the case, on which the opinion builds on, originates in the proceedings initiated […]