Court of Justice of the European Union Invalidates the EU-U.S. Privacy Shield, Finds Standard Contractual Clauses Valid

The Court of Justice of the European Union (CJEU) in a surprise decision invalidated the U.S. Privacy Shield in a case called, Schrems II – a decision important to all companies doing business in the EU and collecting personal data about its residents. It found that the Standard Contractual Clauses (SCC) issued by the European Commission to support the lawful transfer of personal data to processors established outside of the EU are valid. At the same time, the Court unexpectedly invalidated the EU-U.S. Privacy Shield framework. This decision will require companies to re-examine their approach to transferring data between the U.S and the EU. Background In 2015 Max…

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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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Data Regulators Focus on Artificial Intelligence and Data Ethics at Annual International Meeting in Brussels

Achieved Compliance attended the 40th Annual International Conference of Data Protection and Privacy Commissioners which convened this year in Brussels. This meeting is the largest and most significant gathering of data protection authorities in the world. It provides an important window on the status of data protection law and regulation, the impact of new technology on privacy and what is top of mind for regulators. While companies continue to grapple with the requirements of the General Data Protection Regulation (GDPR), which took effect in May of this year, the law did not take center stage at the annual meeting of regulators. Instead, the focus of this year’s conference was artificial…

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