![]() counterpart to the EU GDPR) is materially aligned with the EU GDPR. to the U.S., as the CJEU decision was made during the Brexit transition period and the U.K. This decision equally applied to the transfer of personal data from the U.K. and to conduct a transfer impact assessment (TIA) for each transfer. Companies were therefore obliged to implement a valid data transfer mechanism (e.g., the EC’s Standard Contractual Clauses (SCCs)) for the transfer of personal data from the EU to the U.S. on the basis of the Privacy Shield framework became illegal immediately. As a result of the decision, transfers of personal data from the EU to the U.S. public authorities’ access to and use of EU personal data, and the lack of an adequate redress mechanism that EU data subjects could use against such public authorities. In Schrems II, the Court of Justice of the European Union (CJEU) invalidated the EU’s Privacy Shield decision (Decision 2016/1250 on the adequacy of the protection provided by the Privacy Shield), citing concerns over U.S. The draft decision will now be examined by other EU institutions before the EC adopts a final adequacy decision, which can be expected by mid-2023. under EU law after the 2020 Schrems II decision that invalidated the Privacy Shield, the prior privacy framework between the two jurisdictions. framework to allow for the free flow of personal data from the EU to the U.S. 2 The executive order and adequacy decision are intended to implement a new EU-U.S. 1 The draft decision comes approximately two months after President Joe Biden signed an executive order on “Enhancing Safeguards for the United States Signals Intelligence Activities,” which established new regulations for the collection and use of personal data by U.S. On December 13, 2022, the EC published a draft decision on the adequate level of protection of personal data under the EU-U.S. Data Privacy Framework in an effort to reestablish a legal regime for the transfer of personal data from the EU to the U.S. The European Commission (EC) has published a draft adequacy decision on the EU-U.S. Pennsylvania Amends Its Breach of Personal Information Notification Actĭistrict Court Finds Coverage for Data Breach Losses Under Technology Professional Liability PolicyĮuropean Commission Publishes Draft Adequacy Decision on EU-US Data Privacy Framework Software Company Not Covered Under Businessowners Insurance Policy for Losses Arising From Ransomware Attack Illinois Court Rules on Case Involving Retention Policy Time Limit Under the Biometric Information Privacy Act UK Information Commissioner’s Office Publishes Draft Guidance on Employment Monitoring at Work UK Information Commissioner’s Office Publishes Guidance on International Transfers and Transfer Risk Assessments European Commission Publishes Draft Adequacy Decision on EU-US Data Privacy Framework We also review court decisions involving the Illinois Biometric Information Privacy Act and insurance coverage following ransomware and data breach attacks, in addition to other cybersecurity news. Information Commissioner’s Office on international transfers, transfer risk assessments and employee monitoring. Data Privacy Framework, as well as guidance from the U.K. In this month’s Privacy & Cybersecurity Update, we examine the European Commission’s draft adequacy decision on the EU-U.S. To embed, copy and paste the code into your website or blog: ![]() Privacy & Cybersecurity Update - December 2022
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