Department of Commerce

On December 9, 2020, the Senate Committee on Commerce, Science and Transportation held a hearing on the Invalidation of the EU-U.S. Privacy Shield and the Future of Transatlantic Data Flows. This post reviews the key topics, witnesses and views expressed during the hearing.
Continue Reading Senate Commerce Committee Holds Hearing on the Invalidation of the EU-U.S. Privacy Shield and the Future of Transatlantic Data Flows

On September 28, 2020, the U.S. Department of Commerce, along with the U.S. Department of Justice and the Office of the Director of National Intelligence, released a White Paper entitled Information on U.S. Privacy Safeguards Relevant to SCCs and Other EU Legal Bases for EU-U.S. Data Transfers after Schrems II (the “White Paper”). The White Paper outlines privacy safeguards in and updates to the U.S. surveillance provisions flagged by the Court of Justice of the European Union (“CJEU”) in its Schrems II decision. It is intended to serve as a resource for companies transferring personal data from the EU to the U.S. in the wake of the CJEU’s decision overturning the EU-U.S. Privacy Shield. Particularly, it focuses on companies relying on Standard Contractual Clauses (“SCCs”) for data transfers, and provides information to help them determine whether the U.S. ensures adequate privacy protections for companies’ data.

Continue Reading U.S. Government Issues White Paper on Data Transfers after Schrems II Decision

On August 6, 2020, President Trump signed executive orders imposing new economic sanctions under the International Emergency Economic Powers Act and the National Emergencies Act against TikTok and WeChat. The orders potentially affect tens of millions of U.S. users of these applications and billions of users worldwide.
Continue Reading U.S. Government Takes Aim at TikTok and WeChat Citing Privacy and Security Concerns

On August 10, 2020, European Commissioner for Justice Didier Reynders and U.S. Secretary of Commerce Wilbur Ross released a joint press statement following the ruling of the Court of Justice of the European Union in the Schrems II case.
Continue Reading European Commission and U.S. Department of Commerce to Discuss Enhanced EU-U.S. Privacy Shield Framework

The U.S. International Trade Administration recently announced that NCC Group has been approved as an Accountability Agent under the APEC CBPR. The Centre for Information Policy Leadership at Hunton Andrews Kurth LLP has published a Q&A on the APEC CBPR and PRP systems.
Continue Reading APEC Endorses Third U.S. CBPR Accountability Agent

During the week of April 1, 2019, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP hosted its annual executive retreat in Washington, D.C. (the “Retreat”). During the Retreat, CIPL held a full-day working session on evolving technologies and a new U.S. privacy framework followed by a closed members only half-day roundtable on global privacy trends with special guest Helen Dixon, Data Protection Commissioner of Ireland.
Continue Reading CIPL Hosts Annual Executive Retreat on the Evolving U.S. Privacy Landscape

On December 20, 2018, the Department of Commerce updated its frequently asked questions on the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks to clarify the effect of the UK’s planned withdrawal from the EU on March 29, 2019. The FAQs provide information on the steps Privacy Shield participants must take to receive personal data from the UK in reliance on the Privacy Shield after such time.
Continue Reading Department of Commerce Updates Privacy Shield FAQs to Clarify Applicability to UK Personal Data