Now that the deadlines have passed for implementing: EU Standard Contractual Clauses (“EU SCCs”) into all new and existing contractual arrangements involving restricted transfers of data under the EU GDPR; and the UK equivalent to the EU SCCs (the UK specific International Data Transfer Agreement (“IDTA“) or the EU SCCs in combination with the UK … Read more

President Biden recently issued an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (the Privacy EO) outlining steps that the US Government is taking to implement the US commitments under the European Union-US Data Privacy Framework (the Privacy Framework) that the US and the European Commission (EC) announced in March 2022 to … Read more

On 31 August 2022, the Cyberspace Administration of China (“CAC“) published the Guidelines on the Application of Security Assessment of Cross-border Transfer of Data (“Guidelines“) to clarify how organisations in China can apply to CAC for a security assessment for cross-order data transfer, a requirement stipulated under the Measures for Security Assessment of Cross-border Transfer … Read more

On 17 August 2022, the Australian Government announced that Australia joined the Global Cross-Border Privacy Rules (Global CBPR) Forum.[1] The Forum, launched in April 2022, establishes a certification system to help companies in participating jurisdictions demonstrate compliance with internationally-recognised privacy standards, with the aim of fostering interoperability and international data flows.[2] Read more

Summary Following the European Commission’s (“EC”) announcement of the new Trans-Atlantic Data Privacy Framework (the “Framework”) earlier this year, Lawyer and privacy activist Max Schrems’ organisation, NOYB, recently issued an open letter to EU and US officials arguing that the proposed framework is unlikely to withstand legal challenge and overly resembles its predecessor, the now-defunct … Read more

Under the PRC Personal Information Protection Law (“PIPL“) which became effective on 1 November 2021, a transfer of personal information outside of China requires multiple conditions to be met. Personal information can only be transferred overseas upon obtaining separate consent from the data subjects, conducting a personal information protection impact assessment (“PIA“) and complying with … Read more

Following the Government’s promise to reform data protection laws in the UK post-Brexit, starting with the DCMS Consultation paper (“Data: a new direction”) in September 2021 (see our blog post on this here) and the announcement of the new Data Reform Bill in the Queen’s Speech in May 2022, the Government has now published its … Read more

On 12 May 2022, the Office of the Privacy Commissioner for Personal Data (“PCPD“) issued the new Guidance on Recommended Model Contractual Clauses for Cross-border Transfer of Personal Data (“New Guidance“), which includes two new sets of Recommended Model Contractual Clauses (“New RMCs“). Read more