In an earlier blog post, Francesca Oliveira discussed the points made in the article she co-authored with Alex Joel on the redress problem which has been a major sticking point in efforts to preserve transatlantic data flows in the wake of the Schrems II ruling. As explained in the article, the Court of Justice of … Continue reading FTC as a Model for Independence?
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When Can a U.S. Court Exercise Jurisdiction Over a Non-U.S. Entity?
Recently, the Data Protection Conference of Germany requested Professor Stephen I. Vladeck to provide an expert opinion on the scope of FISA Section 702’s application. In particular, the Data Protection Conference seemed interested in FISA Section 702 having an extraterritorial application. In his testimony, Professor Vladek stated that if an EU company has a U.S. … Continue reading When Can a U.S. Court Exercise Jurisdiction Over a Non-U.S. Entity?
The Path to Redress
As we pointed out in September of last year, redress is a major sticking point in efforts to preserve transatlantic data flows in the wake of the Schrems II ruling by the Court of Justice of the European Union (CJEU). For a country with a well-earned reputation for litigiousness, it may surprise people to learn … Continue reading The Path to Redress
Beyond Schrems II: What Happens After EU and US Officials Conclude Negotiations for Privacy Shield 2.0
US and EU officials have been negotiating a successor to the Privacy Shield since the Court of Justice of the European Union (“CJEU”) invalidated the adequacy decision in July 2020 in the widely reported Schrems II decision. It remains unclear when negotiations for Privacy Shield 2.0 will actually conclude. A senior US Commerce official said … Continue reading Beyond Schrems II: What Happens After EU and US Officials Conclude Negotiations for Privacy Shield 2.0
Welcome to Privacy Across Borders!
The Privacy Across Borders (PAB) team is excited to launch this new site to explore solutions to the challenging issues that arise when data crosses borders, especially those at the intersection of technology, privacy, and security. Initially, this site will focus on our current work to preserve transatlantic data flows in the wake of the Schrems … Continue reading Welcome to Privacy Across Borders!