Data Transfer

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International transfers of personal data under the UK GDPR are set to continue to be a key topic in 2023, in particular, regarding new UK adequacy regulations, transatlantic data flows, and updated guidance regarding the UK’s International Data Transfer Agreement (IDTA).

While 2022 saw the Department for Digital, Culture, Media & Sport (DCMS) and ICO comment on imminent updates on these issues, very little has actually materialised, leaving businesses and commentators alike hopeful that 2023 will be a year of increased certainty when undertaking restricted international transfers subject to the UK GDPR.

Continue Reading UK GDPR: What Will 2023 Hold for International Data Transfers?

As 2022 draws to a close, the international data transfer landscape from Europe continues to be dynamic, with anticipated updates including a further milestone on the Transatlantic Data Privacy Framework (“Framework”) for EU to U.S. data transfers, a new set of model clauses for data transfers to non-EU data importers who are already within the scope of the GDPR, and continued developments in cookie monitoring and enforcement.

Continue Reading What Do EU Data Transfers Have In Common with the Holidays? It’s All About the Clauses
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On July 7, 2022, the Cyberspace Affairs Commission (“CAC”) of China issued the Measures on Security Assessment of Cross-Border Data Transfer (the “Security Assessment Measures”), which sets out the security assessment framework for cross-border data transfers. The Security Assessment Measures will become effective on September 1, 2022. In conjunction with the…

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Since the joint announcement by US President Joe Biden and European Commission President Ursula von de Leyen, on 25 March 2022, of an agreement in principle on the long-awaited replacement to the EU-US Privacy Shield, transatlantic data flows have again become the focus of GDPR discussions. The lack of details provided to date has, however, resulted in many organisations (and legal commentators alike) wondering where this leaves them.

Should US organisations prepare for certification to yet another incarnation of the Safe Harbor (which will almost certainly be subject to prompt legal challenge in the form of Schrems III)? Should organisations subject to the GDPR continue with their transfer impact assessments and the uncertainty of the standard contractual clauses (“SCCs”) when transferring personal data to the US? Will the new safeguards have any impact on the SCCs at all? And how will this affect transfers to the US from the UK or other non-EU jurisdictions?

Representatives of the US Government and the European Commission recently provided some much-needed context, including further details around the timing of the replacement framework and of the potential shape of the new redress mechanism. Their comments offer some hints about the UK’s approach to transatlantic and other international data flows.

Continue Reading Transatlantic Data Flows – Where Are We Now?

On Friday 25 March President Biden and the President of the European Commission jointly announced that they had reached an agreement in principle on a revised trans-Atlantic data flow mechanism.  The timing could not have been better, as I was moderating a panel on “International Data Transfers in 2022 and Beyond” at the Privacy + Security Forum Spring Forum on the same day.

The panel was made up of William Malcolm, Director of Privacy at Google, Vivienne Artz, OBE Chair of the International Regulatory Strategy Group Data Committee, and Joe Jones, Deputy Director International Data Transfers Data Policy Directorate at the UK’s Department for Culture, Media & Sport.  Our plan was to facilitate a discussion focused on recent enforcement actions and statements by data protection authorities in the EU and UK that had highlighted the increasingly complex challenges organizations face in complying with GDPR when transferring personal data out of Europe.  Instead we had a very engaging hour discussing how important data transfers are in a digital economy, noting that at the EU-US summit the discussion of data was second only to discussions of the situation in Ukraine; and that although the EU-US announcement had set Twitter feeds alight, it provided no information as to what the actual agreement was or how it would avoid falling foul of being challenged as Schrems III, IV or V. Finally, we brainstormed some ideas as to the direction or detail that could be contained in the new EU-US agreement and which could really drive change in the regulation of international data flows.

It was clear to all that following the CJEU’s ruling in Schrems II, which invalidated the EU-US Privacy Shield and made use of Standard Contractual Clauses more challenging for business, commercial organizations find themselves in the situation in which data transfers are becoming an impediment to business when really they should be the soil of the digital society in which services and societal benefits can grow globally.Continue Reading International Data Transfers in 2022 and Beyond

Today RopesDataPhiles brings you thoughts from across the pond, with an update on the UK Information Commissioner’s international data transfer agreement and its supporting documentation.

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Some days it all comes together.  The sun’s shining in London for what feels like the first time in months.  One of the kids is going on a week-long school trip.  And just when you think it can’t get any better, you remember that the UK Information Commissioner’s international data transfer agreement and its supporting documentation have come into effect, following a period of Parliamentary approval.

As of Monday, 21 March, organisations transferring personal data from the UK have a range of options for papering those transfers.  As you’ll see, it’s going to feel much like the pick ‘n’ mix you get at the cinema, only without the intense initial rush followed by a crippling sense of doom when you realise what’s ahead.  Or maybe it’s exactly like that.Continue Reading The IDTAs of March

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A recent decision by the Austrian Supervisory Authority (“SA”) casts a spotlight on the complexities of data transfers and cookie use, and highlights a shift in regulatory focus onto these topics in the year ahead. Regulators around Europe are increasingly beginning to weigh in on such transfers, and the outcomes of their deliberations will shape the data transfer compliance landscape in the months to come. These decisions present complex questions about the future of data transfers in the EU and UK.
Continue Reading Increased EU Scrutiny of US Data Transfers Through Cookie Use

As 2021 comes to a close, so does our 12 Days of Data series, but we will see you on the other side in 2022 with more posts on the top privacy and data protection issues. 2021 was an interesting year. While vaccinations spread and some sense of normalcy started to return, new strains of COVID-19 led to additional waves of shutdowns that stalled many of the debates. In 2022, we anticipate that the move toward a new normal will continue, and we will once again start to see traction on some of these data, privacy, and cybersecurity issues. As a preview, here are some of the key areas where we expect to see potential developments in 2022.
Continue Reading Closing out the 12 Days of Data: What to Expect in 2022

On December 15, 2021, Australia and the United States signed an agreement that will make it more efficient for law enforcement agencies in both countries to obtain data about criminal suspects, but it leaves technology companies with concerning questions. The new agreement was forged under the Clarifying Lawful Overseas Use of Data (CLOUD) Act, a 2018 statute that enables law enforcement to more easily secure important electronic information about suspected crimes—including terrorism, violent crimes, sexual exploitation of children, and cybercrimes like ransomware or attacks on critical infrastructure—from global technology companies based in the United States. Although the agreement was designed to facilitate law enforcement investigations, it leaves unanswered the encryption privacy questions that have beset preceding agreements.
Continue Reading United States-Australia CLOUD Act Agreement Leaves Encryption Uncertainties

2021 was a busy year for data protection law in China. On June 10, 2021, the Standing Committee of the National People’s Congress of the People’s Republic of China adopted the Data Security Law (DSL), which went into effect on September 1, 2021. On August 20, 2021, the Standing Committee of the National People’s Congress enacted the Personal Information Protection Law (PIPL), which went into effect just last month, in November 2021. The DSL applies broadly to processing of all data, not just personal information or electronic data and expands on the provisions from China’s Cybersecurity Law, which was enacted in 2016. In contrast, the PIPL applies only to the processing of personal information and has been compared to Europe’s General Data Protection Regulation (GDPR), although that comparison may obscure the contours of China’s law more than it enlightens.

Consistent with the course of Chinese administrative law, the laws’ key terms, analyses, and processes will continue to be fleshed out and perhaps materially enhanced or diminished in a series of regulations, measures, standards, and guidance documents. The latest draft measures on cross-border transfers, which are being closely watched by organizations contemplating cross border data transfers, were published at the end of October, and comments were accepted through November. We expect China to continue finalizing the laws’ terms and measures in 2022.Continue Reading What China’s New Data Laws Could Mean for 2022