Today, the European Court of Justice (ECJ) issued its much-anticipated decision in the Schrems II case. As we analyze in detail in an earlier blog post, the ECJ’s decision invalidates Privacy Shield while leaving Standard Contractual Clauses (SCCs) formally intact – although relying on SCCs may become more complicated than in the past. A number […]
GDPR
‘Schrems II’ backs the European legal regime into a corner — How can it get out?
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 […]
Marking GDPR Anniversary, Peter Swire Warns About EU-US Data Transfer Challenges
On May 25, the European General Data Protection Regulation (GDPR) ended its second full year in effect. To mark the occasion, the International Association of Privacy Professionals collected expert perspectives on the impact and future of the GDPR, including an essay by Alston & Bird Senior Counsel Peter Swire. In his contribution, Swire highlights the […]
European Data Protection Board Clarifies Guidelines on Consent to Address ‘Cookie Walls’ and ‘Scroll-to-Accept’ Practices
On May 4, 2020, the European Data Protection Board (‘EDPB’) adopted updated guidelines on the meaning of ‘consent’ under the EU’s General Data Protection Regulation (‘GDPR’). The two key changes clarify that: Websites and other services may not use ‘cookie walls’, as these do not permit valid consent to be collected. ‘Cookie walls’ require the […]
Location and Mobile Data in the Fight against COVID-19 – An Overview of U.S. and Global Efforts
Governments are increasingly seeking to leverage consumer geolocation and other mobile device data to assist with fighting the spread of COVID-19, as cases continue to mount globally. Location data can be of significant value to public health models, such as models that determine areas where social-distancing measures are needed or test whether such measures are […]