When a controller engages a processor, the GDPR requires that the parties enter into a specific contract that contains certain mandatory provisions. This contract is often referred to as a ‘data processing agreement’ or ‘DPA’. To facilitate compliance with this requirement, the GDPR has provided the European Commission with the power to issue standard contractual […]
EU Data Protection
Brexit Trade Agreement Provides a Temporary Solution for Companies Transferring Personal Data from the EEA to the UK
On December 24, 2020, the EU and the UK reached an agreement on the terms of their future cooperation following the end of the Brexit Transition Period (i.e., following 31 December 2020). The EU-UK Trade and Cooperation Agreement (the ‘Agreement’) contains a temporary solution for companies transferring personal data from the EEA to the UK, […]
Peter Swire Testifies on Future of Transatlantic Data Flows
Peter Swire, Senior Counsel, Alston & Bird, Elizabeth and Tommy Holder Chair of Law and Ethics, Georgia Tech Scheller College of Business, and Research Director, Cross-Border Data Forum, recently testified before the U.S. Senate Committee on Commerce, Science, & Transportation on the invalidation of the EU-U.S. Privacy Shield and the Future of Transatlantic Data Flows. […]
U.S. Department of Commerce Releases White Paper to Assist Organizations in Conducting Schrems II Assessments
In a letter from Deputy Assistant Secretary James Sullivan, the U.S. Department of Commerce introduced a white paper, “Information on U.S. Privacy Safeguards Relevant to SCCs and Other EU Legal Bases for EU-U.S. Data Transfers after Schrems II,” to assist organizations in conducting independent analyses of data transfers in light of the July 16, 2020 […]
EDPB Emphasizes Joint Controllership between Social Media Providers and ‘Targeters’ in Draft Guidance
On September 7, 2020, the European Data Protection Board (‘EDPB’) published its draft guidelines on targeting of social media users (the ‘Guidelines’). The EDPB is accepting feedback from stakeholders on the Guidelines until October 19, 2020. The Guidelines not only provide guidance on the obligations of social media providers (‘Providers’) under the EU General Data […]