On April 21, 2022, the United States, Canada, Japan, Singapore, the Philippines, the Republic of Korea and Chinese Taipei published a declaration establishing the Global Cross Border Privacy Rules Forum.
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Cross-Border Data Flow
European Commission and United States Announce Agreement in Principle on Trans-Atlantic Data Privacy Framework
On March 25, 2022, European Commissioner for Justice Didier Reynders and U.S. Secretary of Commerce Gina Raimondo issued a joint statement announcing that the negotiations on an enhanced EU-U.S. Privacy Shield framework will intensify. In addition, in a speech given in Brussels, the President of the European Commission, Ursula von der Leyden, and U.S. President Biden indicated that they have found an agreement on data flows between the EU and U.S.
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Update: International Data Transfer Agreement and Addendum Replace SCCs
On August 11, 2021, the UK Information Commissioner’s Office launched a consultation on its draft international data transfer agreement and guidance for organizations on international transfers. Once finalized, the agreement will replace the existing EU Standard Contractual Clauses in the UK.
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Austrian DPA Finds Data Transfers Resulting from Analytics Cookie Use to Be in Violation of GDPR Data Transfer Requirements
The Austrian data protection authority recently published a decision finding that the use of Google Analytics cookies violates both Chapter V of the GDPR, which establishes the rules on international data transfers, and the Schrems II judgment of the Court of Justice of the European Union.
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EDPS Issues Decision on EU Parliament’s Cookie Violations
The European Data Protection Supervisor recently issued a decision against the European Parliament in a case that resulted from a complaint submitted by certain Members of the European Parliament who alleged that the Parliament’s use of cookies violated data protection law, including requirements regarding the transfer of personal data outside of the EU. …
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European Commission Adopts South Korea Adequacy Decision
On December 21, 2021, the European Commission announced that it had adopted its adequacy decision on the Republic of Korea. The adequacy decision allows for the free flow of personal data between the EU and Korea, without any further need for authorization or additional transfer tool. The adequacy decision also covers transfers of personal data between public authorities. …
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Data Protection in the UAE – Game Changing Federal UAE Data Law
On November 27, 2021, the UAE Cabinet Office enacted its first federal Personal Data Protection Law (Federal Decree Law No. 45 of 2021, the “UAE Data Protection Law”). The UAE Data Protection Law will come into force on January 2, 2022.
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The EDPB Issues Guidelines Clarifying What Constitutes an International Data Transfer Under the GDPR
On November 19, 2021, the European Data Protection Board published its draft Guidelines 05/2021 on the interplay between the application of Article 3 of the GDPR, which sets forth the GDPR’s territorial scope, and the GDPR’s provisions on international data transfers.
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China Issues Draft Measures on Security Assessment of Cross-border Data Transfer
On October 29, 2021, the Cyberspace Administration of China released for public comment Draft Measures on Security Assessment of Cross-border Data Transfer. The CAC issued the Draft Measures three days before the November 1, 2021 effective date of the Personal Information Protection Law.
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Quebec Enacts a New Privacy Law
On September 22, 2021, the Canadian province of Quebec enacted a new privacy law, which will impose obligations beyond what is currently required under Canada’s federal privacy law. Most of the new law’s requirements will take effect in September 2023, but some will take effect earlier (in 2022) or later (2024).
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