On January 15, 2020, the European Data Protection Board and European Data Protection Supervisor adopted joint opinions on the draft Standard Contractual Clauses released by the European Commission in November 2020, both for international transfers and for controller-processor relationships within the EEA.
Continue Reading EDPB and EDPS Adopt Joint Opinions on Draft SCCs

Lexology’s Getting the Deal Through releases its 2021 guide on Data Protection and Privacy. Hunton’s privacy and cybersecurity team members serve as contributing editors of the guide and have authored multiple chapters, including on Belgium, the UK and United States. This blog entry provides a link to download the guide.
Continue Reading Hunton Privacy Team Contributes to 2021 Getting the Deal Through Guide on Data Protection and Privacy

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

The Centre for Information Policy Leadership at Hunton Andrews Kurth recently published a concept paper titled “Why We Need Interstate Privacy Rules for the U.S.” This blog entry provides highlights on the paper.
Continue Reading CIPL Publishes Concept Paper on an Interstate Privacy Interoperability Code of Conduct

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 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