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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
Alex Grohmann has over two decades of experience in technology-related information security, risk management and data privacy. During his career, he has worked at both the state and Federal level, and his private sector involvement has spanned from energy to financial services. He is the founder and operator of Sicher Consulting, LLC. Mr. Grohmann holds industry certifications of CISSP, CISA, CISM and CIPT. He holds two undergraduate degrees from Florida State University as well as an MBA from UMUC.
Mr. Grohmann is a Fellow at the Information Systems Security Association (ISSA), an international organization of information security professionals. He is the recipient of their international ‘Honor Roll’ for his lifetime contributions to the information security community. He has served on the board of directors for the Northern Virginia chapter of ISSA for over ten years, including as president for three. During his time, the chapter won the Chapter of Year.
He is a graduate of the FBI’s Citizens’ Academy and served on the board of directors for the Washington DC chapter of InfraGard for four years. Currently Mr. Grohmann serves on the board directors of Northern Virginia Community College’s Workforce Development taskforce, NOVA Cybersecurity Advisory Board and is a mentor at MACH 37, the Virginia cyber security accelerator. He also sits on the IT sector coordinating council (IT-SCC).
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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