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On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook, Inc. v. Duguid et al., No. 19-511 (Apr. 1, 2021). At issue in Facebook, was the question of what technology constitutes an “automatic telephone dialing system” within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. §227 et seq. The Supreme Court’s unanimous decision is a huge win for companies who communicate with their consumers by telephone/text message. …
Continue Reading Supreme Court Adopts Narrow Interpretation of ATDS

On July 28, 2020, German supervisory authorities issued a statement reiterating the requirement for additional safeguards when organizations rely on Standard Contractual Clauses or Binding Corporate Rules for the transfer of personal data to third countries in the wake of the Court of Justice of the European Union’s invalidation of the Privacy Shield Framework.…
Continue Reading Schrems II Update: German SAs Require Additional Safeguards for U.S. Transfers and Max Schrems Set to Challenge Facebook Data Transfers Again

On July 16, 2020, the Court of Justice of the European Union issued its landmark judgment in the Schrems II case, concluding that the Standard Contractual Clauses issued by the European Commission for the transfer of personal data to data processors established outside of the EU are valid. Unexpectedly, the Court invalidated the EU-U.S. Privacy Shield framework.…
Continue Reading BREAKING: Unexpected Outcome of Schrems II Case: CJEU Invalidates EU-U.S. Privacy Shield Framework but Standard Contractual Clauses Remain Valid

In one of the most important cases on global data transfers, the Court of Justice of the European Union (“CJEU”) will rule on the validity of the Standard Contractual Clauses (“SCCs”) in the Schrems II case (case C-311/18) on July 16, 2020. Invalidation of the SCCs would leave businesses scrambling to find an alternative data transfer mechanism. But there may be significant practical challenges for businesses even if the SCCs survive.
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Continue Reading Webinar on Schrems II: The Practical Implications for Businesses

In a case that has garnered widespread interest, the Court of Justice of the European Union will deliver its judgement in the Schrems II case (case C-311/18) on July 16, 2020, determining the validity of the controller-to-processor Standard Contractual Clauses as a cross-border data transfer mechanism under the GDPR.…
Continue Reading CJEU’s Judgment on Validity of EU Standard Contractual Clauses Due July 16, 2020