Transatlantic Data Privacy at a Crossroads

This program provides a practical and up-to-date overview of the transatlantic data privacy landscape, focusing on the fall of Safe Harbor and Privacy Shield, the Schrems I & II cases, and the EU-U.S. Data Privacy Framework. Attendees will gain essential insights into compliance mechanisms like Standard Contractual Clauses (SCCs) and the DPF, as well as the regulatory, business, and legal issues underpinning data transfers between the EU and the United States.

Recent court rulings and regulatory changes have significantly impacted how companies transfer data across the Atlantic. Attorneys must understand these complex changes to properly advise clients, manage risk, and ensure compliance when working with cross-border data transfers.

Participants will learn the evolution of legal frameworks for transatlantic data transfer, the workings and requirements of SCCs and the Data Privacy Framework, relevant enforcement actions, and real-world compliance strategies. The course also addresses emerging risks and the importance of vigilance in this ever-changing landscape.

This program is ideal for mid-level privacy, data protection, and technology attorneys, in-house counsel, compliance officers, risk managers, and business leaders who handle or advise on international data flows.

Learning Objectives:

1. Explain the historical and legal context behind the invalidation of Safe Harbor and Privacy Shield, and the genesis of the EU-U.S. Data Privacy Framework.
2. Identify the core principles, key requirements, and limitations of the DPF and SCCs as transfer mechanisms.
3. Evaluate risk management strategies and practical compliance steps for ongoing and future transatlantic data transfers.
4. Analyze recent court rulings, enforcement trends, and the political landscape shaping future data flow stability.
5. Assess the impact of national and EU-level regulatory guidance on contract drafting, data subject rights, and organizational decision-making.