On September 28, 2020, the U.S. Department of Commerce (DoC) published a white paper co-authored by the U.S. Department of Justice (DoJ) and the Office of the Director of National Intelligence (white paper) which provides information on the safeguards under U.S. law to limit the collection of data from private companies by U.S. intelligence services. The white paper addresses concerns raised by the EU Court of Justice (ECJ) when it invalidated the EU-U.S. Privacy Shield framework (Privacy Shield) and imposed certain conditions on the use of Standard Contractual Clauses (SCCs). Continue Reading
On September 7, 2020, the European Data Protection Board (EDPB) published draft guidelines (Guidelines) intended to clarify the roles of the parties processing personal data and when they are operating as controllers, joint controllers, or processors under the EU General Data Protection Regulation (GDPR). Continue Reading
On Monday September 7, 2020, the European Data Protection Board (EDPB) issued draft Guidelines 8/2020 on the targeting of social media users (the “Draft Guidelines”). The Draft Guidelines have far-reaching implications for social media platforms, advertisers, and adtech companies, as they will result in a clarification of the roles and responsibilities of the key stakeholders, and establish rules for consent.
Over the last few days, the European Data Protection Board (EDPB), the European Data Protection Supervisor (EDPS) and various Supervisory Authorities (SAs) across Europe issued statements addressing the decision of the European Court of Justice (ECJ) to invalidate the EU-U.S. Privacy Shield framework (Schrems 2.0). Below we summarize some of the main reactions.
The EDPB is working on a set of FAQs that will hopefully provide some level of clarification on key issues that companies now face. The EDPB is meeting on July 22 and 23, and we expect the FAQs to be published shortly thereafter. We will report on these FAQs as soon as they are issued. Continue Reading
On July 16, 2020, the European Court of Justice (ECJ) declared the EU-U.S. Privacy Shield framework (Privacy Shield) invalid. The ECJ upheld the EU Standard Contractual Clauses (SCCs), but ruled that companies must verify prior to any transfer using SCCs that the parties can effectively provide the level of protection required by EU law. Continue Reading