An informal and occasional selection of recent international eDisclosure / eDiscovery / legal IT / data protection / information governance / interesting news / articles collated by Jonathan Maas (LinkedIn profile) of The Maas Consulting Group in London.  Anyone can email Jonathan@MaasConsultingGroup.com to subscribe/unsubscribe.  Simply pick and click from below.

Given the recent privacy-related events in Europe I thought it would be useful to look back at how the US-EU privacy tug-of-war has played out via BONG over the past years.  We could all see the tension building...  Yet another good reason to subscribe to my BONG!


BONG!


Schrems II: Reflections on the decision and next steps
  (TeachPrivacy: Professor Daniel Solovehttps://maas-bong.io/303jA4T
"Privacy Shield is dead and the Standard Contractual Clauses are in a coma on life support."  

BONG!

“Return EU data currently stored in the US back to the EU”.  Berlin's data protection commissioner reacts to the Schrems II decision
  (The Project Counsel Group: Alexis de Hahnhttps://maas-bong.io/32ZYXs2
"In Berlin, the data protection commissioner takes a very stringent approach to Schrems II."  


BONG!


Schrems and the future of EU-US data transfers (or lack thereof...) 
 (Medium: Lydia de la Torre [Golden Data]https://maas-bong.io/2BvM65E
"Everyone knows the story of the privacy shield. Or at least they think they do. But, I’ll let you in on a little secret: nobody knows the real story, because nobody has ever heard my version of it."  (BONG 24/07/20)  

BONG!

The Schrems judgment - Transfer Impact Assessments for international data transfers?
  (Linklaters: Richard Cumbley, Tanguy van Overstraeten, Georgina Konhttps://maas-bong.io/2OSvO9Y
"Privacy shield is no longer a valid adequacy instrument to enable personal data transfers to the US because US state surveillance powers are excessive."  (BONG 24/07/20)  

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What privacy shield organisations should do in the wake of Schrems II
  (The Privacy Advisor: Brian Hengesbaughhttps://maas-bong.io/2CYRRZU
"What is to be expected, however, is that organisations participating in privacy shield should have a plan for how they are going to address the issues, start implementing that plan as soon as reasonably possible and be ready to discuss with authorities, business partners, customers and others as needed."  (BONG 24/07/20)  

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Privacy by design: Responding to the EU-US privacy shield ruling
  (Forbes: Sam Curryhttps://maas-bong.io/3jzkL3p
"The question has now become how do CIOs and CISOs exercise data autonomy and easily identify which vendors can make the journey soon enough to avoid fines versus which ones can’t. In other words, which ones operate on a privacy-by-design principle and which ones don’t."  (BONG 23/07/20)  

BONG!

DPOs encouraged to act now on invalid privacy shield
  (Infosecurity: Dan Raywoodhttps://maas-bong.io/32EgRQN
"Businesses should prepare for the post-privacy shield era now, and get binding corporate rules and standard contractual clauses in place for their own data protection."  (BONG 21/07/20)  

BONG!

“You were only supposed to blow the bloody doors off!”  Schrems II the day after
  (The Project Counsel Group: Alexis de Hahnhttps://maas-bong.io/2CkqFVD
"So, the EU Court of Justice has struck down the so-called privacy shield data protection arrangements between the political bloc and the US, triggering a fresh wave of legal confusion and gnashing of teeth over the transfer of EU subjects’ data to America."  (BONG 20/07/20)  

BONG!

Statement on the Court of Justice of the European Union judgment in case C-311/18 - Data Protection Commissioner v Facebook Ireland and Maximillian Schrems
  (European Data Protection Boardhttps://maas-bong.io/2CtTkaJ
"The EDPB intends to continue playing a constructive part in securing a transatlantic transfer of personal data that benefits EEA citizens and organisations and stands ready to provide the European Commission with assistance and guidance to help it build, together with the US, a new framework that fully complies with EU data protection law."  (BONG 20/07/20)  

BONG!

EU-US privacy shield
  (UK Information Commissioner's Officehttps://maas-bong.io/3jpkGPI
"We are currently reviewing our privacy shield guidance after the judgment issued by the European Court of Justice. If you are currently using privacy shield please continue to do so until new guidance becomes available. [Conversely], please do not start to use privacy shield during this period."  (BONG 20/07/20)  

BONG!

EU takes an axe to Privacy Shield and warns on Standard Data Transfer Clauses
  (LinkedIn: Jeremy Morton [Temple Bright]https://maas-bong.io/2ZyIFEn
"The Court’s ruling, in the ‘Schrems/Facebook’ complaint originating in Ireland, also provides that standard contractual clauses for transfer outside the EU cannot be relied on without verifying adequate protection for the data in the recipient country."  (BONG 16/07/20)  

BONG!

EU Parliament debates: Could California be considered “adequate" on its own?
  (The Privacy Advisor: Jennifer Bakerhttps://maas-bong.io/2RnDwJZ
"If the court does invalidate Privacy Shield, and if a US state such as California decided to apply for an adequacy decision, would the commission consider such an application?"  (BONG 16/01/20)  

BONG!

No CCPA safe harbour for GDPR compliance
  (Fox Rothschild: Odia Kaganhttps://maas-bong.io/32CFTMF
"The California Attorney General considered and rejected the creation of a safe harbour exemption from the CCPA for businesses that are already complying with GDPR."  (BONG 11/11/19)  

BONG!

UK firms may soon find it impossible to legally receive data from the EU
  (IT Pro: Dale Walkerhttps://maas-bong.io/30B7a1k
"The case being heard, often referred to as Safe Harbour 2.0, is assessing the legitimacy of the standard contractual clause (SCC), a mechanism that many businesses use to adhere to GDPR laws when sending data beyond EU jurisdiction."  (BONG 19/07/19)  

BONG!

From Luxembourg, a look at Schrems II.  Is the Privacy Shield poised to hit the recycling bin?  Both sides are worried the final ruling could be sweeping 
 (Gregory Bufithishttps://maas-bong.io/30py0JJ
"What Max Schrems began six years ago has ballooned into a European legal battle with global economic implications."  (BONG 10/07/19)  

BONG!

California Federal Court rejects GDPR as a means to block discovery
  (Morgan Lewishttps://maas-bong.io/2IMWI10
"US courts have long held that foreign data protection regulations cannot be used as a shield against discovery in US litigation. This instalment of The eData Guide to GDPR examines a recent case from the Northern District of California that makes no exception for the GDPR, ruling that the regulation does not outweigh the United States’ interests in the requested production, and that the GDPR does not provide a total ban on data transfers but instead requires that such transfers be protected.”  (BONG 23/04/19)  

BONG!

Staring down the intersection of ePrivacy, GDPR and Privacy Shield
  (CMS Wirehttps://maas-bong.io/2LJIJH5  (BONG 31/08/18)

BONG!

Threat to Privacy Shield as the EU and US approach a critical European Parliament deadline to suspend data transfers from the EU to the US
  (Computer Weeklyhttps://maas-bong.io/2wrCGlF  (BONG 30/08/18)

BONG!

And so it begins: noyb.eu, led by Max Schrems, filed four complaints against Google, Instagram, WhatsApp and Facebook over “forced consent”
  (noyb.euhttps://maas-bong.io/2s8t0dL  (BONG 25/08/18)

BONG!

On the EU's call for a suspension of the US's Privacy Shield framework
  (KPMGhttps://maas-bong.io/2JjZCaj  (BONG 13/07/20)

BONG!

California company settles FTC charges related to Privacy Shield participation
  (ComplexDiscoveryhttps://maas-bong.io/2Lfimto  (BONG 13/07/18)

BONG!

European Parliament calls for suspension of Privacy Shield
  (Computer Weeklyhttps://maas-bong.io/2KWFm0d  (BONG 06/07/18)

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Privacy Shield under threat by US non-compliance
  (Computer Weeklyhttps://maas-bong.io/2JMtIaM  (BONG 12/06/20)

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VIDEO: Max Schrems on the GDPR - will it actually be enforced?
  (Gregory Bufithishttps://maas-bong.io/2s10jzh  (BONG 23/05/18)

BONG!

Court refuses to allow EU privacy laws to shield US company from discovery obligations
  (JD Suprahttps://maas-bong.io/2Hat2L4  (BONG 09/04/18)

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How does the EU-US Privacy Shield affect cross-border discovery?
  (D4http://bong.maasconsultinggroup.com/qKO  (BONG 02/10/17)

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US Privacy Shield enforcement begins
  (Corderyhttp://bong.maasconsultinggroup.com/qIn  (BONG 11/09/17)

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How can US companies comply with both privacy shield and GDPR?
  (Consiliohttp://bong.maasconsultinggroup.com/qCc  (BONG 06/07/17)

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EU Parliament adopts a Resolution on the adequacy afforded by the EU-US Privacy Shield
  http://bong.maasconsultinggroup.com/q6M  (BONG 11/04/17)

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Swiss-US Privacy Shield FAQs  http://bong.maasconsultinggroup.com/q66  (BONG 06/04/17)

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The practical global corporate data approaches to the EU-US Privacy Shield
  http://bit.ly/2gEc1L8  (BONG 12/12/16)

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How does the new Privacy Shield work?  http://bit.ly/2gke1Z0  (BONG 30/11/16)

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Details of legal challenge to Privacy Shield revealed  http://ow.ly/APRe506tmop  (BONG 14/11/16)

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VIDEO: Deer coming in the air tonight  (YouTube: Zuja Ayyhttps://maas-bong.io/301GsBt  (A reward for getting this far - sound on)





By the way, we have noticed that sometimes the links we compile above have registration/paywall information inserted between the referenced site and you.  At the time we compose these emails there are no such distractions so we can only assume sites randomly impose registration/payment requirements on links to them.  We apologise in advance as our intention is to give you all untrammelled access to this information. 

(Incidentally, and for those outside the UK (or in the UK but without televisions), BONG! is a reference to the main evening TV news in the UK, on which headlines are read out between strikes (bongs) of the now-silent Big Ben, the bell in the Elizabeth Tower (renamed from the Clock Tower in honour of the Queen's Diamond Jubilee) at the Palace of Westminster.  You can thank a particularly persistent pedant early on in the life of the BONG! for this rather precise explanation.)

BONG! Schrems / Privacy Shield / Safe Harbor special (27 July 2020)

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