Cédric Burton

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As of September 27, 2021, companies relying on Standard Contractual Clauses (SCCs) to transfer personal data outside the European Union (EU) must use the new Standard Contractual Clauses (New SCCs) when signing data processing agreements. As a result, it is time to update template data processing agreements to ensure that your company can meet this deadline.
Continue Reading Don’t Forget to Use the New SCCs to Transfer EU Personal Data as of September 27, 2021

New Set of SCCs for Data Transfers to Third Countries

On June 4, 2021, the European Commission (EC) published its long awaited new set of Standard Contractual Clauses (New SCCs). This new data transfer mechanism allows for the transfers of personal data outside of the European Economic Area (EEA) and replaces the current Standard Contractual Clauses (current SCCs). The New SCCs take into account the European Court of Justice’s (CJEU) Schrems II ruling, which invalidated the EU-U.S. Privacy Shield and requires that data exporters and importers take measures to ensure that the SCCs are effectively complied with.
Continue Reading A New Data Transfer Mechanism Is Available for EU Personal Data

On February 10, 2021, the Council of the European Union (EU) agreed on its version of the draft ePrivacy Regulation (Council Position). The long-awaited ePrivacy Regulation, which will repeal the existing ePrivacy Directive, overhauls the rules on cookies and regulates the use of and access to electronic communications data.
Continue Reading Council of the EU Adopts Its Text on the ePrivacy Regulation

On January 18, 2021, the European Data Protection Board (EDPB), comprised of all national supervisory authorities (SAs) of the European Union, published draft guidelines for data breach notification1 (the Guidelines).

The Guidelines provide useful insight into how regulators apply the General Data Protection Regulation (GDPR) personal data breach notifications rules. Specifically, they describe six common types of personal data breaches (i.e., ransomware, data exfiltration attacks, internal human risk, lost or stolen device and paper documents, misposted data, and social engineering attacks), and offer 18 case studies. Through these case studies, the EDPB seeks to clarify organizations’ notification and remediation obligations.
Continue Reading EDPB Publishes New Guidance for Data Breach Notification

On December 15, 2020, the European Commission (EC) unveiled a set of proposals to regulate digital platforms. The draft laws include antitrust-related requirements, addressed by the Digital Markets Act (DMA) and more general regulatory requirements, addressed in the Digital Services Act (DSA). The DMA/DSA package will apply to all digital services, including social media, online marketplaces, and other online platforms, meaning tech companies active in Europe will have a new set of rules to follow.
Continue Reading European Commission Proposes New Rules for Digital Platforms

On November 12, 2020, the European Commission (EC) issued a draft version of a new set of Standard Contractual Clauses (New SCCs). The long-awaited New SCCs include several modules that companies can use depending on the transfer scenarios, such as controller-to-controller, controller-to-processor, and processor-to-processor data exports. The New SCCs have also been updated to reflect the high standard for data protection set forth in the General Data Protection Regulation (GDPR) and to take into account the requirements resulting from the Schrems II ruling.
Continue Reading European Commission Issues New SCCs for Data Transfers to Third Countries