On November 17, 2022, the UK Information Commissioner’s Office published updated guidance on international transfers that includes a new section on transfer risk assessments and a transfer risk assessment tool.
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Standard Contractual Clauses
EDPB Adopts Guidelines on Codes of Conduct as Tools for Transfers
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On February 22, 2022, the European Data Protection Board adopted its final Guidelines 04/2021 on Codes of Conduct as tools for transfers, following a public consultation that took place in 2021.
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Update: International Data Transfer Agreement and Addendum Replace SCCs
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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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EDPS Issues Decision on EU Parliament’s Cookie Violations
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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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The EDPB Issues Guidelines Clarifying What Constitutes an International Data Transfer Under the GDPR
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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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Transition Period for Old Standard Contractual Clauses Ends
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On September 27, 2021, the transition period allowing companies to continue using the previous EU Standard Contractual Clauses for transfers from the EU ended. Companies entering into new transfer agreements incorporating SCCs must now use the new SCCs. …
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DCMS Consults on National Data Strategy
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On September 10, 2021, the UK Government Department for Digital, Culture, Media & Sport launched a consultation on its proposed reforms to the UK data protection regime to reflect DCMS’s effort to deliver on Mission 2 of the National Data Strategy. The consultation will close on November 19, 2021, and CIPL will consult with members to prepare a formal response to the consultation.
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Belgian Council of State Considers Encryption a Sufficient Measure for U.S. Data Transfers
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The Belgian Council of State recently confirmed a decision of the regional Flemish Authorities to contract with an EU branch of a U.S. company using Amazon Web Services, stating that the use of U.S. cloud services in itself does not infringe on the GDPR.
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Swiss DPA Recognizes the New EU Standard Contractual Clauses
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On August 27, 2021, the Federal Data Protection and Information Commissioner announced that the new EU Standard Contractual Clauses may be relied on to legitimize transfers of personal data from Switzerland to countries without an adequate level of data protection, provided that the necessary amendments and adaptations are made for use under Swiss data protection law. …
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European Commission’s New Standard Contractual Clauses: What They Mean for UK Businesses
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In an article originally published on Practical Law, Hunton Andrews Kurth partner Bridget Treacy discusses the European Commission’s long-awaited SCCs, including considerations for personal data transfers from the UK. This blog entry provides a link to download the article.
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