PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

The Impact of the Schrems II Decision: An Interview with Wim Nauwelaerts

In Facebook Ireland Ltd. v. Maximillian Schrems (Schrems II) (July 16, 2020), the European Court of Justice (CJEU) invalidated the Privacy Shield, a widely-used method to transfer personal data from the EU to the US. The decision also put other data transfer mechanisms—Standard Contractual Clauses (SCC) and Binding Corporate Rules (BCRs)—into significant doubt. The court’s concern was the deficiency of […]

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Video – Privacy Conversations – Schrems II Aftermath with Justin Antonipillai and Peter Swire

  In this video, I discuss the aftermath of Schrems II with Justin Antonipillai (Wirewheel) and Peter Swire (Georgia Tech and Alston & Bird). Peter Swire’s new Lawfare piece on how to address the individual redress issue is After Schrems II: A Proposal to Meet the Individual Redress Challenge. […]

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Schrems II: Reflections on the Decision and Next Steps

Schrems II - US Surveillance Law

Professor Paul Schwartz and I recently edited the Schrems II decision for our Information Privacy Law casebook.  Schrems II is short for Facebook Ireland Ltd. v. Maximillian Schrems — the second challenge by Maximillian Schrems to the transfer of data between the EU and US.  In Schrems I, the European Court of Justice (CJEU) invalidated the Safe […]

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Video: Schrems II Initial Reactions with Daniel Solove, Justin Antonipillai, Gabriela Zanfir-Fortuna, Jocelyn Aqua, Ralf Sauer, and Bob Litt

  Yesterday, the European Court of Justice issued its decision in Facebook Ireland v. Schrems, a case known as Schrems II.  The court’s opinion sent shock waves throughout the privacy world.  I had a terrific discussion with Justin Antonipillai (Wirewheel), Gabriela Zanfir-Fortuna (Future of Privacy Forum), Ralf Sauer (European Commission), Jocelyn Aqua (PwC) and Bob […]

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The Schrems II Decision

Privacy Shield

The European Court of Justice has finally issued its decision in Facebook Ireland Ltd. v. Maximillian Schrems — otherwise known as Schrems II. The full text of the Schrems II opinion is here. The result: The US-EU Privacy Shield Framework is invalid.  The Standard Contractual Clauses are valid.  Ultimately, this means that it is still […]

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Video: Schrems II Initial Reactions with Daniel Solove, Justin Antonipillai, Gabriela Zanfir-Fortuna, Ralf Sauer, and Bob Litt

Video - discussion of Scrhems II

The European Court of Justice just issued its decision in Facebook Ireland v. Schrems, and the court’s opinion sent shock waves throughout the privacy world.  I had a terrific discussion with Justin Antonipillai (Wirewheel), Gabriela Zanfir-Fortuna (Future of Privacy Forum), Ralf Sauer (European Commission), and Bob Litt (Morrison & Foerster, former General Counsel for the […]

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Cartoon: GDPR Lawful Basis

Cartoon GDPR Lawful Basis - TeachPrivacy GDPR Training

This cartoon is about the GDPR’s lawful basis requirement to process personal data. One of the biggest differences between U.S. and EU privacy law is that in the U.S., organizations can collect and use personal data in nearly any way they choose as long as they state what they are doing in their privacy notice […]

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Profiling and the GDPR: An interview with Mark Singer and Raf Sanchez

I had the opportunity to interview Mark Singer and Raf Sanchez, both at Beazley, about the issue of profiling and the GDPR. Mark Singer is a member of the Cyber & Executive Risk Group at Beazley. Mark handles insurance coverage issues arising out of cybersecurity, technology errors and omissions, data privacy, intellectual property, media and advertising liabilities. Raf […]

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