On July 16, the Court of Justice of the European Union struck down the EU-U.S. Privacy Shield in the ‘Schrems 2.0’ Case (Facebook Ireland and Schrems (Case C-311/18)). In an article for the International Association of Privacy Professionals, Alston & Bird Senior Counsel Peter Swire analyzes the decision and discusses potential implications, including those relating […]
FTC
Schrems 2.0: CJEU invalidates EU-US Privacy Shield and emphasizes exporter obligations when using Standard Contractual Clauses
Executive Summary Today, the Court of Justice of the European Union (‘CJEU’) handed down its long-awaited judgment in the ‘Schrems 2.0’ case (Facebook Ireland and Schrems (Case C-311/18)), about the validity of two means of legitimizing transfers of personal data outside the EEA under the EU General Data Protection Regulation (‘GDPR’)[1]. In somewhat of a […]
The FTC Expands its FCRA Enforcement Activity In Action Against Retailer
Most businesses are already familiar with the Fair Credit Reporting Act (“FCRA”) and the various requirements to protect the fairness, accuracy, and privacy of consumer credit information. However, a recent FTC enforcement action against the retailer Kohl’s Department Store, Inc. (“Kohl’s”) has brought a rarely used provision of the statute to light. This provision—codified […]