Most current approaches to resolving the EU-U.S. conflict fall short. It’s time for a hybrid approach.
Latest in Cross-Border Data
How Europe’s Intelligence Services Aim to Avoid the EU’s Highest Court—and What It Means for the United States
The United States now finds itself forced to consider changes to its foreign surveillance law and practices in order to reestablish a stable basis for transatlantic transfers of personal data.
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.
A recent exchange over the privacy practices of the Terrorist Finance Tracking Program contributed to the mounting crisis between the United States and the European Union over transatlantic data transfers, privacy, and national security surveillance.
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.
We propose a solution to fix the perceived defects in U.S. surveillance law identified recently by the EU’s judicial branch.
Schrems II will certainly affect the U.K.’s future data protection landscape. But the decision’s effects on Britain are not as catastrophic as some observers may have feared.
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?