Nearly all U.S. companies should have no difficulty showing that U.S. surveillance authorities at issue will not interfere with their ability to comply with standard contractual clauses.
Latest in EU-US Privacy Shield
On Wednesday, December 9, 2020, at 10:00 a.m., trhe Senate Commerce, Science and Transportation Committee will hold a hearing on the invalidation of the EU-U.S. privacy shield and the future of transatlantic data flows.
The U.S. government has issued a white paper to help maintain the free and lawful flow of commercial and government data from the European Union to the United States after Schrems II.
The decision of the European Court of Justice in Schrems II is gobsmacking in its mix of judicial imperialism and Eurocentric hypocrisy.
The CJEU invalidated one principal legal method for the transfer of personal data from EU territory to the United States and cast substantial doubt on the validity of the other. What are the consequences of the ruling?
The context and possible implications of Advocate General Henrik Saugmandsgaard Øe’s opinion in Data Protection Commissions v. Facebook Ireland.
The advocate general’s opinion details some important new jurisprudence about how the EU may look at foreign intelligence surveillance in the future.
There’s a lot going on in the privacy and data protection world. But one of the most pressing issues is the uncertain fate of Privacy Shield, the framework governing the flow of data between the EU and the U.S. for commercial purposes.
My friend Cam Kerry, in a recent Lawfare post expressed concern that actions of the Trump Administration are undermining the Privacy Shield, the important agreement between the United States and the European Union that permits transatlantic data flows. Kerry fears that “the damage the president and his administration have done to relationships with Europe and perceptions of the United States as a trusted partner” will make it hard to sustain the Privacy Shield.
The U.S.-EU Privacy Shield framework, the agreement between the U.S. government and the European Commission that enables continued flows of commercial data from Europe to the United States, is undergoing its first annual review by the Commission and other European institutions. A report on their review is due in September. In the longer term, the Privacy Shield faces potential legal challenges in the Court of Justice of the European Union. [Disclosure: I have advised legal clients on the Privacy Shield and legal challenges.]