Topic: Data Transfer

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UK finally publishes revised standard form international data transfer agreements and conversion addendum for the use of revised EU SCCs

The UK government has finally published the UK’s own standard form international data transfer agreement (UK IDTA) for transferring personal data outside the UK to countries not deemed to have adequate data protection regimes. It has also published a standard form international data transfer addendum to the revised EU SCCs (EU SCC UK Conversion Addendum) … Continue reading

Where data meets IP – Derivative data in M&A transactions

Norton Rose Fulbright - Data Protection Report blogWith the growth of the high-tech industry worldwide, it is no surprise that more and more transactions involve the transfer of rights to access or control data and derivative data. In our previous update we discussed protecting business data in a commercial context. In the M&A context, this valuable information is either the driving force of … Continue reading

Where data meets IP – protecting business data in a commercial context

Data Protection Report - Norton Rose FulbrightIn our previous publication, we discussed how a business’ data can be protected by characterizing it as intellectual property and protecting it as such. One of the most common ways to protect business data in a commercial context is through license agreements that impose contractual controls on the scope of protection of such data, as … Continue reading

Where Data Meets IP

Data Protection Report - Norton Rose FulbrightHow do you balance sharing and protecting your business’ data? Unlike tangible assets, which can be protected primarily through physical means, intangible assets such as data require additional considerations. One key strategy to protect your business’ data is to characterize, and protect, that data as intellectual property. Data as IP Copyright Original compilations of data … Continue reading

“Am I a CII operator?” – New regulation in China provides more clarity

Data Protection Report - Norton Rose FulbrightChina’s Cyber Security Law (CSL), enacted in 2016, requires operators of critical information infrastructure (CII) to follow a number of enhanced security obligations, including storing within China all personal information and important data collected or generated during their operations in China. Given the more onerous obligation on CII operators, we are constantly asked the same … Continue reading

EU’s possible Data Act: What can we anticipate from the Inception Impact Assessment and the Consultation?

European rulings on the use of Google Analytics and how it may affect your businessThe European Commission (EC) signalled plans for a new Data Act, to be published in late 2021, in its February 2020 Data Strategy Communication.  The EC revealed more details in its 2021 Consultation and Inception Impact Assessment. The responses to the Consultation and Inception Impact Assessment are bound to shape the future of EU’s digital … Continue reading

EU – UK data transfers can continue: UK receives much welcome adequacy decision

Norton Rose Fulbright - Data Protection Report blogThe European Commission has today published a positive adequacy finding in respect of the UK’s data protection regime (the Decision).  This means that personal data can continue to flow freely from the EU to the UK without the need for organisations to take further measures. For the time-being, however, the Decision does not concern personal … Continue reading

The EDPB publishes its finalised version of the Recommendations on supplementary measures

On 21 June 2021, the European Data Protection Board (EDPB) published its finalised version of the Recommendations on supplementary measures (the Recommendations) to assist companies comply with the Schrems II judgement. This comes just a couple of weeks after the European Commission (the Commission) published new, revised Standard Contractual Clauses (New SCCs) (read our blog … Continue reading

A deeper dive into the new Standard Contractual Clauses

On Friday 4 June, the European Commission published the finalised version of the new Standard Contractual Clauses for transferring personal data from the EU to third countries (the New SCCs).  Privacy professionals have been waiting for the New SCCs for several years and have been particularly interested to know if the New SCCs will help … Continue reading

European Commission publishes much anticipated finalised Standard Contractual Clauses

Norton Rose Fulbright - Data Protection Report blogThe European Commission has today published the finalised version of the new Standard Contractual Clauses (the new SCCs).  The purpose of the new SCCs are to help companies legalise transfers of personal data from outside of the EEA.  They will also be a lawful mechanism for UK companies to use too. The new SCCs were … Continue reading

Final Revised SCCs expected as early as next week with Final Revised EDPB Recommendations to follow after 15 June

Data Protection Report - Norton Rose FulbrightIt was reported yesterday that publication of revised final EU Standard Contractual Clauses may be as soon as next week and that revised final EDPB Recommendations possibly following the EDPB’s next plenary meeting on 15 June.  This follows comments made by Ralf Sauer, EU Commission Deputy Head for International Data Flows, and Alexander Filip, Head … Continue reading

Germany: Data protection authorities announce closer monitoring of data transfers to the US after Schrems II

Norton Rose Fulbright - Data Protection Report blogFollowing the CJEU’s Schrems II ruling (case C-311/18 of July 16, 2020), transfers of personal data to the US are coming under close scrutiny by the German data protection authorities. Some German data protection authorities have announced that they will be taking a stricter approach against companies that fail to comply with the Schrems II … Continue reading

Amendments to the Personal Data Protection Act In Force

Data Protection Report - Norton Rose FulbrightOn 29 January 2021, the Personal Data Protection Commission (PDPC) announced that certain sections of the Personal Data Protection (Amendment) Act 2020 (the PDPA Amendments) will take effect from 1 February 2021 – please see PDPC’s announcement; the gazetted Commencement Notification.  This legal update provides a high-level summary of the PDPA Amendments that have taken … Continue reading

EU-UK Trade and Cooperation Agreement: Implications for data protection law

Norton Rose Fulbright - Data Protection Report blogOn Christmas Eve, the EU and UK announced that a Trade and Cooperation Agreement (TCA) had been finalised. With it, came a sigh of relief from data protection practitioners everywhere. This is because the TCA provides an extension period, of a sort, to allow the European Commission time to conclude its adequacy assessment of the … Continue reading

COVID tracing & AI: Physically distant, socially together

Data Protection Report - Norton Rose FulbrightAs the second wave of COVID-19 spreads across Canada, the use of COVID-19 tracing apps is on the rise. For example, the Government of Canada released COVID Alert–an app using Bluetooth technology to help people report positive diagnoses, and control the spread of the virus. The success of the app depends on a high quantity … Continue reading

European data export bonanza: revised SCCs and EDPB Schrems II guidance published

Data Protection Report - Norton Rose FulbrightOn 12 November, the European Commission published revised Standard Contractual Clauses (SCCs) and a draft implementing decision.  A feedback period on the draft documents will run until 10 December.  Therefore, it is not possible to give a precise date for when the draft SCCs will become final but it could be by the end of … Continue reading

Two new CJEU judgments further tighten limits of government surveillance – significant for impending UK adequacy decision and “Schrems II country assessments”

On 6 October 2020, the Court of Justice of the European Union (CJEU) published two decisions that further define the permitted scope of governmental access to personal data. These decisions are relevant in two key areas: Complying with the Schrems II judgement: The judgment provides some guidance on how organisations should undertake the “case-by-case assessments” … Continue reading

Schrems II: recent developments – waiting is harder

In the immediate aftermath of the Schrems II judgement, Bruno Gencarelli (Head of the International data flows and protection unit at the European Commission) said that “Schrems II is data transfers from theory to practice”.  There have been several major developments over the last couple of weeks (explained below) which show this to be an … Continue reading

An “enhanced” Privacy Shield is being negotiated – third time a charm?

On 10 August, the European Commission and the US Department of Commerce confirmed that talks have begun between the EU and US for an “enhanced” Privacy Shield. This will be the third attempt to revise this framework, following the invalidation of Safe Harbor in 2015 and Privacy Shield in July 2020. Third time a charm? … Continue reading

Schrems II landmark ruling: our recommendations

On 16 July 2020, the Court of Justice of the European Union (CJEU) published its decision in the landmark case Data Protection Commissioner v Facebook Ireland Ltd, Maximilian Schrems and intervening parties, Case C-311/18 (known as the Schrems II case).  While the EU-US Privacy Shield (Privacy Shield) has been completely invalidated, the Standard Contractual Clauses … Continue reading

Schrems II: The US Perspective and where do we go from here?

Schrems II calls into question all transfers of personal information out of the EU that involve export to a country without an adequacy finding.  While this affects countries in every region of the world, it does have particular ramifications for the US. US companies are likely to bear the brunt of this decision.  First, because … Continue reading
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