2020 Developments in Privacy Law Create New Obligations for Companies, Foreshadow More Changes in 2021

While Covid-19 and national and state governments’ efforts to respond to the impact of the disease took center stage in 2020 among lawmakers, the year still brought significant changes in privacy and data protection law. Companies will need to take measures to meet new obligations created by court decisions and legislation and to prepare for more changes expected in 2021. Invalidation of Privacy Shield – On July 16, the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield framework, an agreement between the European Commission and U.S. Department of Commerce to facilitate the legal movement of data from the EU to the U.S. Invalidation of…

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European Commission Publishes New Standard Contractual Clauses and Guidance on Implementation

On November 12, 2020, the European Commission published a draft implementing decision on standard contractual clauses (“SCCs”) for the transfer of personal data to third countries. It also published a draft set of new SCCs. For U.S. companies, the EU General Data Protection Regulation (“GDPR) establishes SCCs as a means by which companies may lawfully transfer data from the EU to the U.S. Companies that have in the past relied on the U.S. Privacy Shield to transfer data from the EU to the U.S. will need to pay particular attention to the new SCCs and guidance. The decision in the Schrems case (discussed previously in this blog) invalidated the Privacy…

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101 Lawsuits Against Companies Post Schrems II Decision

In the wake of the recent decision of the European Court of Justice (CJEU) in which it struck down the Privacy Shield data transfer arrangement – commonly referred to as the Schrems case after the Austrian activist, Max Schrems, who brought the action – the practices of companies moving data from the European Union to the United States are now under scrutiny. The privacy activist group noyb, headed by Mr. Schrems, has filed complaints against 101 websites which it alleges are still sending data in the absence of the Privacy Shield and without the measures required by the EU’s General Data Protection Regulation. In bringing its legal complaints, nyob…

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Privacy Guidelines

New Privacy Guidance From NIST and ISO

National Institute of Standards and Technology, ISO Release Privacy Guidance Companies seeking guidance about how to understand privacy risks and to implement measures to address them should be aware of two new resources – The National Institute of Standards and Technology’s (“NIST”) draft Privacy Framework and the International Organization for Standardization’s (“ISO”) International Standard for privacy information management. These tools are designed to work alongside existing guidelines for cybersecurity and the requirements of emerging law such as the General Data Protection Regulation and the California Consumer Privacy Act. The NIST Privacy Framework   In September, NIST, an agency of the U.S. Department of Commerce, released a preliminary draft of…

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