Schrems and the Future of US-EU Data Transfers
A Post-Safe Harbor World Isn’t Post-Apocalyptic
Cost: There is no cost to attend this program, however, registration is required.
10:00 a.m. to 11:00 a.m. Eastern (US)
9:00 a.m. to 10:00 a.m. Central (US)
7:00 a.m. to 8:00 a.m. Pacific (US)
3:00 p.m. to 4:00 p.m. London (EU)
2:00 p.m. to 3:00 p.m. Eastern (US)
1:00 p.m. to 2:00 p.m. Central (US)
11:00 a.m. to 12:00 p.m. Pacific (US)
7:00 p.m. to 8:00 p.m. London (EU)
The October 6, 2015 Schrems decision by the Court of Justice of the European Union (“CJEU”) dramatically widens the fault line in global cross-border privacy law. First, it invalidates the fifteen year old EU/U.S. Safe Harbor Framework Agreement for transatlantic transfers of personal data. Second, and more significantly, it rules that all 28 EU local Data Protection Authorities (“DPAs”) share concurrent jurisdiction with the EU Commission regarding the adequacy of data protection safeguards for cross-border transfers. And the October 16 statement of the Article 29 Working Party (consisting of all 28 DPAs) leaves multinationals further adrift of guidance by announcing that remaining EU transfer mechanisms-- Model Contract Clauses and Binding Corporate Rules--may only be available through January 31, 2016.
According to experts, restricting the free flow of personal data in the global marketplace can have a devastating impact on global commerce. And not only business-related transfers are at stake. Given that U.S. discovery rules have often been at odds with EU data protection law, these developments only increase existing uncertainty for companies involved in cross-border litigation and regulatory proceedings.
In this webinar, Seyfarth attorneys will share practical guidance and insights from the 37th International Data Protection and Privacy Commissioners Conference, as well as from The Sedona Conference® International Working Group Six on Cross-Border Discovery on how the Schrems case and the upcoming General Data Protection Regulation (“GDPR”) will impact business and legal concerns on both sides of the Atlantic.
The Seyfarth panel will specifically address the following topics:
Will there be a “Safe Harbor 2.0” and what might it look like, based on current information?
Post Schrems, what best practice data protection steps and mechanisms should companies implement for business transfers, and how might this process change under the new GDPR?
What practical cross-border eDiscovery strategies and protocols should companies implement to reduce the risk and cost of cross-border eDiscovery transfers in the post-Safe Harbor world?
For the benefit of non-US companies, the webinar will be held live twice: (1) in the European time zone; and (2) in the North American Central time zone. The content will be the same for both audiences.
*CLE Credit for this webinar has been awarded in the following states: CA, IL, NJ and NY. CLE Credit is pending for GA, TX and VA. Please note that in order to receive full credit for attending this webinar, the registrant must be present for the entire session.