With the Schrems II judgment, which invalidated the Privacy Shield, the CJEU (Court of Justice of the European Union) make it more difficult to comply with the GDPR for companies transferring personal data from the EU to the US. However, the new EU-US Data Privacy Framework (or “Framework”) adopted on 10 July aims to put an end to this situation. But how does the Framework make data transfers between the EU and US easier? In this short article, we explain the basics of the new Framework and answer the above question.
Does The Violation of the GDPR Always Mean Unlawful Data Processing?
Based on the GDPR, data controllers have several obligations, such as maintaining the records of data processing or in case of joint controllers, entering into an agreement which determines their respective responsibilities for compliance with their data protection related obligations. In a recent case, the Court of Justice of the European Unio (‘CJEU’) needed to decide on the issue whether the non-compliance with these obligations constitutes unlawful processing resulting in the duty to erase the personal data of the data subject.
A Lifeline for Data Transfers: EU-US Data Privacy Framework Is Back On
In the long-awaited aftermath of the havoc caused by the CJEU’s decision (adopted in 2020 in the famous Schrems II case) to invalidate the previously existing EU-US Privacy Shield Framework, the European Commission adopted the adequacy decision promoting the new EU-US Data Privacy Framework (the “Framework”) on 10 July 2023.
Third Time's the Charm? EU-US Data Privacy Framework Revamped and Reloaded
On 10 July 2023, the European Commission adopted an adequacy decision for a lawful data transfer from the EU to the USA for the third time. This means that personal data may again be lawfully transferred to the US. This will facilitate the use of US service providers for EU companies.
Data Security Concerns of Smart Grids
Smart grids are rapidly becoming the backbone of modern electricity networks. The integration of digital communication and control technologies enables smart grids to optimize electricity generation, distribution, and consumption. However, the increased use of digital technologies and the massive amounts of data generated also raises serious concerns about data security. This article will explore the data security concerns around smart grids.
Enhancing Cross-border Cooperation: A Proposed Regulation to Strengthen Data Protection Enforcement under the GDPR
On July 4, the EU Commission introduced a new Procedural Regulation aimed at enhancing cooperation among data protection authorities (“DPAs“) when enforcing the General Data Protection Regulation (“GDPR“) in cross-border cases.
BBR Bank Appoints Cvjeticanin & Partners' Nenad Cvjeticanin as Data Representative for Serbia
The BBR Bank has appointed Cvjeticanin & Partners Partner Nenad Cvjeticanin as its data representative for Serbia.