International Privacy Law

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-US Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will help business streamline cross-Atlantic data transfers, and by activists who have vowed to scrutinize the next framework arrangement (thereby maintaining their relevance). Regardless of the legal resiliency of the decision, it poses an interesting set of considerations for US businesses, not the least of which is whether or not to participate in the Framework.

For those who followed the development and demise of the Privacy Shield program and the Schrems II case, it has been apparent for some time that the fundamental objection of the activists and the Court of Justice of the EU (“CJEU”) to the original Privacy Shield was the perception that the US intelligence community had an ability to engage in disproportional data collection without any possibility of recourse by EU residents whose personal information may be swept into an investigation. The actual functioning of the program for the certifying businesses were much less controversial.

Since the structure of the program wasn’t the primary reason for Privacy Shield’s revocation, from a business perspective, the current DPF looks a lot like the old Privacy Shield. For businesses who made the decision to participate in the Privacy Shield program in the past, the operational burden shouldn’t be much different under the new DPF, if they have already taken steps to operationalize the requirements.

What is interesting about the new DPF is how it may impact a company’s decision to choose  between the Standard Contractual Clauses (“SCCs”) and the alternative adequacy mechanism for transfers. There is also some interest vis-à-vis the DPF and its interactions with state privacy laws.Continue Reading Adequacy for the US (kind of) – But What Are the Side Effects?

Under China’s data protection regulatory framework, data processors are required to pass a security assessment conducted by the cybersecurity regulator before transferring certain categories or volumes of data out of China. This January, six months after the Cyberspace Administration of China (“CAC”) released the Measures on Security Assessment of Outbound Data Transfers (“Measures”), the Beijing counterpart of CAC reported the first two cases where the data processors passed the security assessments led by CAC, which sheds some light on the uncertainty and complexity of the security assessment.

Uncertainty of Reviewing Process and End of Grace Period

As disclosed by Beijing CAC, as of February 22, 2023, Beijing CAC has assisted more than 310 entities with their potential applications for the security assessment of outbound data transfers, and has received 48 formal applications from organizations in industries such as technology, e-commerce, healthcare, finance, automotive, and civil aviation, including multinational companies. Among many applications, CAC granted two organizations with the approval for transferring data out of China, namely the Beijing Friendship Hospital of the Capital Medical University and Air China.Continue Reading China Unveils Two Approved Outbound Data Transfer Cases

The recent Cothron v. White Castle Illinois Supreme Court decision ruled that BIPA violations accrue with each collection, leading to skyrocketing claims – and damages. It’s critical for employers to understand what this decision means, how this decision affects them, and how to avoid the risks inherent in employee data collection.  

Our March 21, 2023

As we move into 2023, Biometric Information Privacy remains a constantly evolving field, with states enacting new statutes, technology evolving, plaintiffs raising new theories, and cases being filed daily. Keeping up with biometric laws can be a daunting task for these reasons.

On February 7, 2023, we led a webinar looking at some of the

On 16 November 2022, EU Regulation 2022/2065, better known as the Digital Services Act (“DSA”), came into force. The DSA is a key development in the use of online services in the European Union (“EU”), with an impact on online services as significant as the one which the General Data Protection Regulation (“GDPR”) had upon the collection, use, transfer, and storage of data originating in the EU on 25 May 2018.

Ambit

The DSA sets out rules and obligations for digital services providers that act as intermediaries in their role of connecting consumers with goods, services, and content.  

Its goal is to regulate and control the dissemination of illegal or harmful content online, provide more consumer protection in online marketplaces, and to introduce safeguards for internet users and users of digital services. It also introduces new obligations for major online platforms and search engines to prevent such platforms being abused.Continue Reading The EU Digital Services Act: Overview and Impact

In the second program in the 2022 Trade Secrets Webinar Series, Seyfarth partners Jesse Coleman, Dan Hart, and Caitlin Lane discussed how to identify the greatest threats to trade secrets, provided tips and best practices for protecting trade secrets abroad, and covered enforcement mechanisms and remedies internationally and in the US.

As a follow up

The regulatory landscape in China around data protection and flows continues to develop. Since the 2017 Cybersecurity Law, China has been refining the legal and regulatory framework for data protection—it has implemented new laws and regulations that set comprehensive rules for data processing activities across all industries in China and cover the rules regarding cross-border

Introduction

On June 10, 2021, China officially passed China’s first Data Security Law, which will take effect on September 1, 2021. Following the introduction of the Data Security Law, together with the Cybersecurity Law, which has been implemented since June 1, 2017, and the Personal Information Protection Law, which is undergoing public comment

On April 29, 2021, the national legislator in China released the second draft of the Personal Information Protection Law (“PIPL”) to collect public comments until May 28, 2021. The updated draft substantially follows the framework of the first draft, which marks China’s comprehensive system for the protection of personal information, sets forth general rules for the processing and transferring of personal information across China’s borders, and echoes certain mechanisms under the EU’s General Data Protection Regulation (“GDPR”), including application of extraterritorial jurisdiction, with which China would use long-arm jurisdiction to regulate the concerned entities across borders. This approach reflects China’s position that privacy law is an important component of China’s long term strategy on the international stage. In fact, the PIPL expressly contemplates China’s engagement with other jurisdictions (at both the country and regional levels) to try to create “interoperability” with these other privacy systems. Below we summarize key terms of the updated draft PIPL.
Continue Reading China Released Second Draft of Personal Information Protection Law

In a long awaited decision, the European Commission (“Commission’) adopted two new sets of standard contractual clauses (“SCCs”) to reflect the EU’s General Data Protection Regulation (“EU GDPR”) and ‘the realities faced by modern business’ (see the Commission’s press release). These replace the current SCCs that were adopted over 10 years ago under the, now repealed, Data Protection Directive. The EU’s Commissioner for Justice, Didier Reynders, cited the SCCs as providing companies with ‘more safety and legal certainty’ and as being ‘user friendly tools’.

It is important to note that the new set of SCCs is significantly different than the previous set. For example, instead of focusing on the status of the parties as “controller” or “processor”, the new SCCs focus on the location of the parties, regardless of status. This is a significant departure from the prior form.
Continue Reading Out With the Old, In With the New: New GDPR Standard Contractual Clauses