On June 15, 2021, the Court of Justice of the European Union (CJEU) confirmed[1] that non-leading supervisory authorities (SAs) can initiate national judicial proceedings concerning cross-border data processing in two circumstances:[2] i) where there is an “urgent need” to act, or ii) if the case has a local impact.
Continue Reading CJEU Confirms Exceptions to One-Stop-Shop Mechanism Under the GDPR
Joanna Jużak
Belgian DPA Approves Code of Conduct for the Cloud Industry
By Jan Dhont, Carol Evrard & Joanna Jużak on
Posted in Privacy, Regulatory
On May 20, 2021, the Belgian Supervisory Authority (Belgian SA) approved the EU Cloud Code of Conduct (EU Cloud CoC).[1] This is the first time that a Supervisory Authority has approved a transnational, industry-wide code of conduct under the General Data Protection Regulation (GDPR).[2] Cloud service providers (CSPs) will be able to rely on their adherence to the code to demonstrate compliance with the GDPR as a data processor. Although the EU Cloud CoC does not yet qualify as an appropriate safeguard for international data transfers, a separate module is currently under discussion and should, when adopted, accommodate such transfers.
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EU Commission Publishes Template Data Processing Agreement
On June 4, 2021, the European Commission published its long awaited new set of Standard Contractual Clauses for outsourced data processing (DPA SCCs). These DPA SCCs are a contract template that organizations can use to comply with the General Data Protection Regulation’s (GDPR) rules on outsourced data processing.
Continue Reading EU Commission Publishes Template Data Processing Agreement
A New Data Transfer Mechanism Is Available for EU Personal Data
By Jan Dhont, Laura Brodahl, Laura De Boel, Cédric Burton, Sam Meijer, Carol Evrard & Joanna Jużak on
Posted in Uncategorized
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
Bavarian SA Finds the Use of SCCs Without Supplementary Measures Unlawful
By Jan Dhont, Nikolaos Theodorakis & Joanna Jużak on
On March 15, 2021, the Bavarian Supervisory Authority (SA)[1] issued a decision regarding the use of Standard Contractual Clauses (SCCs) to transfer personal data from the EU to the U.S. without supplementary security measures. The SA found the data transfer to be unlawful in this case, although it did not impose an administrative fine. The SA’s findings could indicate how European regulators approach the use of SCCs post-Schrems II.
Continue Reading Bavarian SA Finds the Use of SCCs Without Supplementary Measures Unlawful