Post-Brexit EU businesses have needed to rethink how they approach showing compliance with a host of regulations, managing international data transfers and building trust with data subjects. Having to comply with the GDPR, prepare for other data protection bills, all while continuing to comply with the EU-GDPR as well as a host of global regulations means businesses might look to certification as a common system for adequacy as a one-stop shop, when addressing the overlaps and more crucially closing the gaps on their privacy compliance programs.

Featured speakers:

  • Noshin Khan, Senior Compliance Counsel, Ethics Center of Excellence, OneTrust 
  • Claude-Étienne Armingaud, Partner, K&L Gates

Register here.

Closing in on the fifth anniversary of the entry into force of the EU General Data Protection Regulation (GDPR), the Irish Data Protection Commission (DPC) announced on 22 May 2023 that it had fined Meta for EUR 1,2b (USD 1.3b), the highest GDPR fine levied since 2018.

Further to the DPC decision (Decision), and in addition to the record fine, Meta will need to:

  • suspend any future transfers of personal data to the United States within five months from the date of notification of the decision to Meta Ireland;
  • ensure the compliance of its data processing operations by ceasing the unlawful processing, including storage, in the United States of personal data of its users in the European Economic Area, transferred without sufficient safeguards, within six months from the date of notification of the DPC’s decision to Meta Ireland.

The core of the grievances relates to a decade-long (and going) crusade initiated by datactivist Maximilien Schrems and its data protection association, None of Your Business (noyb). The crusade started in 2013, with a first step resulting in a resounding cancelation of the Safe Harbor framework, which allowed personal data to be freely transferred from the European Union to the United States, in the 2015 Schrems I case (see our Alert). It was subsequently followed by a same action against Safe Habor’s successor, the Privacy Shield Framework, leading to the same result in the Schrems II case (see our Alerts here, here and here).

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In this episode, Claude-Etienne Armingaud, Eleonora Curreri, and Camille Scarparo celebrate the fifth anniversary of GDPR accompanied with lawyers from our European offices; Thomas Nietsch and Andreas Müller (Berlin), Nóirín McFadden (London), and Gianmarco Marani (Milan). They reflect on how embedded GDPR has become in the cultural scene and with private enforcement. They also touch on the future for UK GDPR and the Data Protection and Digital Information (No.2) Bill.

May the enforcement be with you!

First publication: K&L Gates Hub with Eleonora Curreri, Gianmarco Marani, Andreas Müller, Noirin M. McFadden, Dr. Thomas Nietsch, Camille Scarparo

Version 2.0 dated 14 February 2023
Go to the official PDF version.

Executive Summary

The GDPR does not provide for a legal definition of the notion “transfer of personal data to a third country or to an international organisation”. Therefore, the EDPB provides these guidelines to clarify the scenarios to which it considers that the requirements of Chapter V should be applied and, to that end, it has identified three cumulative criteria to qualify a processing operation as a transfer:

  1. A controller or a processor (“exporter”) is subject to the GDPR for the given processing.
  2. The exporter discloses by transmission or otherwise makes personal data, subject to this processing, available to another controller, joint controller or processor (“importer”).
  3. The importer is in a third country, irrespective of whether or not this importer is subject to the GDPR for the given processing in accordance with Article 3, or is an international organisation.

If the three criteria as identified by the EDPB are met, there is a transfer and Chapter V of the GDPR is applicable. This means that the