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Overview
Since the EU-U.S. Privacy Shield data privacy/protection compliance framework for EU-U.S. personal data transfers/access/data flows was declared invalid by the Court of Justice of the European Union (CJEU) in its Schrems II decision in July 2020, GDPR compliance has been in turmoil and much more difficult for U.S. companies, especially small and medium sized companies. But a few weeks ago in October 2022, and over 2 years after the Schrems II ruling, President Biden’s new Executive Order (EO) creating the EU-U.S. Data Privacy Framework has given over 6,000 previously U.S. Privacy Shield certified companies hope that their EU-U.S. Personal Data Flows compliance may finally be streamlined once again and achieve legal adequacy under the EU/EEA/Swiss/UK General Data Protection Regulation(s)(GDPR).
The Biden EO is designed to resolve European legal concerns regarding use of U.S. based service providers resulting from U.S. intelligence agencies’ potential access to EU-U.S. transfers of EU personal data following the Schrems II decision. In response to Schrems II there has been a non-stop parade of European legal determinations ranging from recommended supplemental security measures to prevent U.S. law enforcement access to European personal data to declaring complete illegality of using certain U.S. service providers, to findings that use of U.S. service providers does not inherently violate the GDPR. The whiplash of European legal developments has resulted in much frustration and fear that EU-U.S. data flows will be stifled impairing bilateral EU-U.S. trade in services which amounted to over 500 billion Euros in 2021.
The latest legal developments include a draft Adequacy Decision published by the European Commission on December 13, 2022, and the Organization for Economic Cooperation and Development (OECD) issuing its new Declaration on Government Access to Personal Data held by Private Sector Entities that same day. This presentation will discuss the details of the Biden EO, European reactions to it, and the implications for U.S. companies’ EU-U.S. data flows going forward.
Moderator
Alex Grohmann – Founder, Sicher Consulting
Mr. Grohmann (CISSP, CISA, CISM and CIPT) is founder of Sicher Consulting and a member of the ISSA international board of directors. He is a long time member of ISSA including being president of the Northern Virginia chapter for three years. He is also a member of the ISSA Honor Roll.
Speaker/s
Linda V. Priebe – Culhane Meadows PLLC, a national women-owned business law firm Partner and Chair, Privacy, Data & Cybersecurity Practice Group, Culhane Meadows PLLC
Linda V. Priebe, JD, CIPP/E is Partner and Chair of Culhane Meadows’ Data, Privacy & Cybersecurity Practice Group in Washington DC where she focuses on EU and U.S. Data Privacy/Protection compliance and commercial transactions. Previously Linda served as Deputy General Counsel and Agency Ethics Official in the White House Office of National Drug Control Policy (ONDCP) from 1999-2013. Her responsibilities at ONDCP included management and day-to day operation of the ethics compliance program including digital and social media and children’s privacy in addition to Supreme Court and class action litigation. Linda serves as Co-Chair of the American Bar Association (ABA) International Law Section’s Privacy, Cybersecurity and Digital Rights Committee and is a member of the ABA Cybersecurity Legal Task Force. She holds the Information Privacy Professional Europe Certification from the International Association of Privacy Professionals and is a member of the European Association of Data Protection Professionals. She can be reached at lpriebe@cm.law.
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