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They State That Direct Collection of Personal Data by Non-EU Companies Is Not a “Data Transfer” Under the GDPR

On November 18, 2021, the European Data Protection Board (EDPB) issued guidelines (Guidelines) that—for the first time—clarify the notion of “data transfer.” Departing from common understanding, the EDPB has determined that there is no data transfer where EU data subjects disclose on their own initiative personal data directly to a non-EU company. Consequently, there is no need to implement a transfer tool in such situations. The Guidelines are open to public consultation until the end of January 2022.
Continue Reading EU Regulators Define Data Transfers

On February 2, 2016, the European Commission announced that a political agreement on a new legal framework for data transfers has been reached between the European Union (EU) and the U.S. Today’s agreement introduces the…

Continue Reading WSGR Alert: EU and U.S. Reach a Political Agreement on Transatlantic Data Transfer Deal

On October 6, 2015, the Court of Justice of the European Union (CJEU) invalidated the U.S.-EU Safe Harbor framework as a legal basis for transferring personal data from the European Union to the U.S.1 The judgment was delivered in Schrems v. Data Protection Commissioner, a case in which Max Schrems, an Austrian student, complained to the Data Protection Authority (DPA) in Ireland about the transfer of his personal data by Facebook to its servers in the U.S.

The Schrems judgment is of major importance to the over 4,000 companies that relied on Safe Harbor to transfer personal data from the EU to the U.S. This article details the background of the case, analyzes its holdings and consequences, and summarizes the main developments that have occurred since the judgment was issued.
Continue Reading What’s Next for U.S.-EU Data Transfers? An Analysis of Recent Developments Following Schrems