President Biden recently released an Executive Order “addressing the extraordinary and unusual national security threat posed by the continued effort of certain countries of concern to access Americans’ bulk sensitive personal data and certain U.S. Government-related data.”
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Cross-Border Data Flow
CIPL Publishes The Zero Risk Fallacy Paper
On February 20, 2024, The Centre for Information Policy Leadership at Hunton Andrews Kurth LLP and Theodore Christakis, Professor of International, European and Digital Law at University Grenoble Alpes, released a comprehensive study titled The “Zero Risk” Fallacy: International Data Transfers, Foreign Governments’ Access to Data and the Need for a Risk-Based Approach.
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China Plans to Accelerate Cross-Border Data Transfers by Implementing Trial Rules in Shanghai Pilot Free Trade Zone
Recent developments in the Shanghai Pilot Free Trade Zone to facilitate cross-border data transfers are expected to provide greater flexibility in exporting data from China, which has been stymied by the Cyberspace Administration of China’s strict cross-border data transfer regulations proposed in December 2023. …
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CNIL Opens Consultation on Transfer Impact Assessment Guide
On January 8, 2024, the French Data Protection Authority opened a consultation on its draft guidance for the use of transfer impact assessments. …
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The Time is Now: Why Modernising Transatlantic Cooperation on Cross-Border Law Enforcement Access to Electronic Evidence Should Be a Priority
On October 18, 2023, the Centre for Information Policy Leadership published an opinion piece in the leading European policy outlet, Euractiv, titled “The Time is Now: Why modernising transatlantic cooperation on cross-border law enforcement access to electronic evidence should be a priority.” …
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China Proposes New Rules for Data Transfers
On September 28, 2023, the Cyberspace Administration of China released the “Provisions on Regulating and Facilitating Cross-Border Data Flows” for public comment. …
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BREAKING: UK-U.S. Data Bridge Finalized
On September 21, 2023, UK Secretary of State for Science, Innovation and Technology Michelle Donelan laid regulations in the UK Parliament, giving effect to a UK-U.S. Data Bridge.
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India Poised to Enact Digital Personal Data Protection Bill
On August 9, 2023, India’s upper house (i.e., Rajya Sabha) passed the Digital Personal Data Protection Bill, two days after India’s lower house (i.e., Lok Sabha) passed the legislation. The DPDPB now heads to India President Droupadi Murmu for signature.
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European Data Protection Board Issues Information Note on Data Transfers under the Data Privacy Framework
On July 19, 2023, the European Data Protection Board issued an Information Note regarding data transfers to the U.S. following the adoption of an adequacy decision on the EU-U.S. Data Privacy Framework on July 10, 2023.
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BREAKING: EU Commission Adopts EU-U.S. Data Privacy Framework Adequacy Decision
On July, 10 2023, the European Commission formally adopted a new adequacy decision on the EU-U.S. Data Privacy Framework, which follows years of intense negotiations between the EU and the U.S. after the invalidation of the EU-U.S. Privacy Shield by the CJEU in the Schrems II case.
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