It's been more than two weeks since CJEU announced its 'Schrems II’ decision, introducing the requirement to evaluate legal landscape in third countries (those of data importers) and put additional safeguards in place, as necessary, - even if the data are transferred to other than USA third countries based on SCC or BCR. FAQ issued … Continue reading Two money-saving starting points on how to meet the requirement to assess the level of protection in third countries.
Earlier today I had the opportunity to watch the highly useful IAPP webinar entitled What Works: Benchmarking and Improving your Privacy Program. I was particularly intrigued by the comments directed at improving / re - engineering a privacy office. The presenters emphasized the constant evolution of privacy regimes on a global scale, and that today … Continue reading Observations on Office Re – Engineering: Privacy Offices and Research Offices
EEGG focuses on governmental measures aimed at surveillance, interception of communications, access to personal data and storage thereof by public authorities in different countries. EEGG provides non-binding assessment by expert contributors worldwide of compliance with 'European Essential Guaranties' (summarized by the Working Party 29, the European Data Protection Board predecessor) and subsequent European Court of … Continue reading European Essential Guarantees Guide (‘EEGG’) is now LIVE! with myself being one of the contributors thereto.
Given the recent CJEU decision in Schrems II with respect to standard contractual clauses (SCCs), it struck me as a good time to revisit best practices in contract negotiation. The suggestions below are the result of 18+ years' negotiating contracts in law, local government, and academia, including many with colleagues in Europe and beyond. Whether … Continue reading Contract Negotiation Best Practices and SCCs
Much has been written about the Schrems II case since its publication 9 days ago. Rather than simply repeat what many others have said on various privacy sites, I want to provide my own take on it within the broader context of what is going on in the world today. While Schrems II invalidated the … Continue reading The Aftermath of Schrems II
Read a view of the Schrems' decisions from the other side of the great pond, in the U.S. I found this to be an informative, serious but fun read through the spectacles of Lydia F de la Torre, EU & US Counsel (Spain/California) and a lecturer of Privacy Law at Santa Clara University School of … Continue reading An open letter to the CJEU from L
IAPP has set up a valuable resource collecting together guidances and statements issued by national DPAs in response to the recent CJEU ruling on the so-called 'Schrems II' case. The IAPP will aim to update the register on an ongoing basis. The link is below: https://iapp.org/resources/article/dpa-and-government-guidance-on-schrems-ii-2/ While privacy pros advise to seek to put in … Continue reading DPAs’ guidances to survive in the post-‘Schrems II’ world
In the flurry of (my) excitement after the Schrems II judgement I got to thinking, isn’t this what we have been saying all along? Anyone who knows me, or who has attended one of my training sessions knows that I usually start with “compliance is not just about doing the right thing, but showing you … Continue reading Schrems II: what does this mean in practice?
I am and still attending a great session hosted by the IAPP on the Schrems II decision and Privacy Shield consequence, i.e. it is no longer a legal mechanism for data transfer from the EU to the US. Miriam Wegmeister was a great panelist and gave some great insights, very practical and cool lady! Practical … Continue reading In the Privacy Shield storm -practical advice
Why the hell should a devote privacy and GDPR advocate be angry about this decision, after all it's good for privacy is it not? Yes decision is correct, but also no. Clearly Facebook is a scapegoat, twice now with Schrems I and II. But now we are in limbo again! The fact is that even … Continue reading Yes, I’m angry about the Schrems II decision!