Transferring Personal Data From Europe and Switzerland to the U.S.: Where Are We Now?
On March 25, 2022, President Joseph R. Biden and European Commission (EC) President Ursula von der Leyen jointly announced an agreement in principle for a new Trans-Atlantic Data Privacy Framework (Framework) that has the potential to establish the rules of European to U.S. data transfer.
May 06, 2022 at 02:30 PM
8 minute read
Cybersecurity
Whether your business is multinational or not, it's likely that at some point information containing personal data will need to be transferred from Europe or Switzerland to the United States. Personal data is defined broadly to include any information which is related to an identified or identifiable natural person. For instance, a U.S.-based online business which is collecting or processing names, addresses, and credit card information to fulfill orders for its products from European or Swiss persons must be familiar with the rules governing cross-border transfer. The same applies to a U.S.-based service business which is collecting or processing names and health information to track outbreaks of COVID-19 globally.
Over the last 20 years, there have been two government approved frameworks implemented to control data transfer, namely the U.S.-EU Safe Harbor Framework (Safe Harbor) and Privacy Shield. Both were invalidated by the Court of Justice of the European Union (CJEU) based on lawsuits brought by Maximilian Schrems. On March 25, 2022, President Joseph R. Biden and European Commission (EC) President Ursula von der Leyen jointly announced an agreement in principle for a new Trans-Atlantic Data Privacy Framework (Framework) that has the potential to establish the rules of European to U.S. data transfer.
|What Is the New Framework?
While not many details are currently available, the Trans-Atlantic Data Privacy Framework will include a multilayered redress mechanism for EU citizens to file complaints with a Data Protection Review Court containing non-U.S. government members with the authority to "adjudicate claims and direct remedial measures as needed," as noted in the White House release. Procedures will be followed by U.S. intelligence agencies to "ensure effective oversight of new privacy and civil liberties standards." The next step is for the EC to draft an adequacy determination for the European Data Protection Board (EDPB) to review. Then the EDPB will issue a non-binding opinion, and the EC will request approval of a committee of representatives from member states.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
The Kids Online Safety Act Threatens Free Speech and Opens the Door to Political Weaponization
6 minute read
New Cybersecurity Regulations are Here. This Is What You Need to Know.
5 minute read
The Challenge of AI Governance: The Blessing and the Curse of Safeguarding Personal Data
13 minute readTrending Stories
- 1Section 1782 Practice Pointers From Recent Decisions
- 2Democratic State AGs Revel in Role as Last Line of Defense Against Trump Agenda
- 3Decision of the Day: Split Circuit Panel Bars Enforcement of Ivory Law's 'Display Restriction' on Antique Group Members
- 4Chiesa Shahinian Bolsters Corporate Practice With 5 From Newark Boutique
- 52 Years After Paul Plevin Merger, Quarles & Brady’s Revenue Up More than 13%
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
