Saturday, July 31, 2021

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Practical Steps for Organizations to Use the New Standard Contractual Clauses

The European Commission adopted new versions of the Standard Contractual Clauses on June 4. The new SCCs finally replace the original SCCs adopted under the 1998 European Data Protection Directive which did not completely meet the requirements of the GDPR passed in 2016. For example, the scope of the DPD only applied to data controllers […]
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China’s GDPR is Coming: Are You Ready? – Exploring the Upcoming Personal Information Protection...

On April 29, China released the second draft of its Personal Information Protection Law for public comment, replacing the draft issued in October 2020. Like many data privacy laws around the world, PIPL places different requirements on the controller and the processor of personal information/data. Similar to the GDPR, the PIPL imposes the most obligations […]
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China’s New Data Security Law: What Multinational Businesses Need to Know

China’s Data Security Law has come into force and takes effect on 1 September 2021. The speed of its passing has left multinational businesses scrabbling to understand the key compliance obligations. While many of the practical compliance steps will be detailed in measures and guidelines to be published over the coming weeks and months, things […]
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New Standard Contractual Clauses Raise Questions Under Irish Law

The new standard contractual clauses (“SCCs“) issued by the European Commission continue to prove controversial.  Among other things, the SCCs require that the law of the European Union (“EU“) Member State underpinning them provides third-party beneficiary rights.  Most EU Member States are civil law jurisdictions that already provide such rights.  Ireland, however, is a common […]
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China Issues Data Security Law

After two rounds of public comments, the Data Security Law of the People’s Republic of China was formally issued on June 10, 2021, and will become effective on September 1, 2021. Compared to previous drafts of the law, the final version differs with respect to: Establishing a work coordination mechanism and clarifying the duties of […]
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New Standard Contractual Clauses

On June 4, 2021, the European Commission published its long-awaited final Implementing Decision adopting new Standard Contractual Clauses for the transfer of personal data to third countries. On November 12, 2020, the EC had published a draft implementing decision for public consultation (the “Consultation Draft”). The new SCCs are the European Commission’s answer to personal […]
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New European Standard Contractual Clauses are Not ‘Set and Forget’

Since the European Court of Justice invalidated the EU-US Privacy Shield last year, importers of EU data have increasingly relied on Standard Contractual Clauses for data transfers between the European Economic Area and countries not meeting its standard. These SCCs are important in the edata/ediscovery world, where relying on the so-called derogations in the GDPR […]
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China Enacts Data Security Law

On June 10, 2021, the Standing Committee of China’s National People’s Congress (“NPC”) enacted the Data Security Law (“DSL”), which will take effect on September 1, 2021 (the official Chinese version is available here and Covington’s unofficial English translation is available here). This law creates a framework for the protection of broadly defined “data security” […]
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European Commission Publishes New Standard Contractual Clauses

Today, June 4th, 2021, the European Commission (“Commission”) published the final version of its new standard contractual clauses for the international transfer of personal data (“SCCs”) (see here).  While the final version retains much of the language of the draft version released in November 2020 (see here), it includes several notable updates.  When finalizing the […]
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GDPR Fine is Warning to Non-EU Businesses

The Dutch data protection authority Autoriteit Persoonsgegevens has fined Canadian firm LocateFamily.com €525,000 for publishing the data of EU citizens without their consent, in violation of Article 27 of the GDPR. The company – which provides tools for contacting past friends and family – had not designated an EU representative in writing. This is required […]
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