Data Privacy in the U.S. and EU After Schrems II: Ensuring Compliance With Data Transfers Between the EU and U.S.

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
International
- event Date
Wednesday, March 17, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide counsel on the Schrems II decision and what it means for both U.S. and EU companies. The panel will discuss how the decision will impact global data transfers and data transfer mechanisms. The panel will offer practical steps for businesses to consider.
Faculty

Ms. Treacy leads the firm’s UK Privacy and Cybersecurity practice. Her practice focuses on all aspects of privacy, data protection, information governance and e-commerce issues for multinational companies across a broad range of industry sectors. Ms. Treacy 's background in complex technology transactions (including wide-ranging experience of advising on sourcing agreements, strategic alliances and other collaborative arrangements with a technology focus) enable her to advise on the specific data protection and information governance issues that occur in a commercial context. She is the editor of the specialist privacy journal "Privacy and Data Protection," and has contributed to a number of published texts.

Ms. Fey utilizes her deep expertise and experience in data privacy and cybersecurity, eDiscovery and legal holds, regulatory compliance, and litigation to help U.S. and multinational organizations develop and implement practical, legally-compliant solutions to their unique privacy and information governance challenges. Ms. Fey is one of 27 U.S. lawyers selected into the inaugural class of Privacy Law Specialists (IAPP). She also is a member of the inaugural class of IAPP Fellows of Information Privacy (FIP). Prior to the invalidation of the EU-U.S. Privacy Shield framework, Ms. Fey was a Privacy Shield Arbitrator. She teaches Global Data Protection Law at the University of Kansas Law School and also co-teaches the global protection and privacy portion of an International Issues course at Baylor Law School for Baylor Law School’s Executive LL.M. in Litigation Management Program.

Mr. Serwin is one of the preeminent privacy and security practitioners in the world. He offers clients the practical experience that comes from having counseled on many of the highest profile privacy and cybersecurity matters of recent years, with the breadth of knowledge that comes from authoring the premier global treatise on privacy and cybersecurity. With extensive business and leadership experience, Mr. Serwin understands his clients' businesses, industries and unique challenges. He has founded, advised, and served on the board of directors of many companies, particularly in the transformational technology and media sectors He also holds advanced certifications in governance, including as a National Association of Corporate Directors (NACD) Governance Fellow and Carnegie Mellon University's Computer Emergency Response Team (CERT) certification in cyber oversight. Mr. Serwin is a noted public speaker and author and the only law firm lawyer ever to be named to Security Magazine's prestigious "25 Most Influential Industry Thought Leaders."
Description
In Schrems II, the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield Framework, concluding that U.S. laws do not ensure an adequate level of protection for EU personal data. While the level of protection need not be identical, it must be essentially equivalent to the protections provided under EU law, and the CJEU determined that the Privacy Shield did not meet this standard.
The Schrems II decision impacts all companies that transfer personal data to the U.S. from the EU using the Privacy Shield Framework and Standard Contractual Clauses (SCCs). Although the Privacy Shield was invalidated, SCCs remain a valid transfer mechanism, but are subject to additional requirements. As a result, these companies must adapt their processes and procedures to ensure compliance with the General Data Protection Regulation and avoid penalties.
Listen as our authoritative panel discusses the Schrems II decision and the practical impact it is having on both U.S. and EU companies. The panel will discuss how the decision is impacting global data transfers and data transfer mechanisms. The panel will share their practical experience of how businesses are addressing these difficult issues.
Outline
- Schrems II decision
- Implications of the decision for transferring data between the U.S. and EU
- Privacy Shield
- SCCs
- Guidance
- Dep't of Commerce
- European Data Protection Board
- Best practices for transferring data
Benefits
The panel will review these and other key issues:
- Implications of the CJEU's Schrems II decision for U.S. companies
- The Privacy Shield and SCCs
- Steps companies should take to protect data transfers from the EU
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