Webinar: Life After Privacy Shield – Strategies for Lawful Transfers of Personal Data from EU Countries to the U.S.
March 18, 2021 @ 12:00 pm – 1:00 pm
This program offers 1 participatory MCLE credit.
Seven months following the CJEU’s decision (C-311/18) to abolish Privacy Shield as a safe harbor for the transfer of personal data by EU data exporters to U.S. recipients, businesses on both sides of the Atlantic are still searching for reliable guidance as to how to fill this void. The complexity of the situation has been compounded by the Court’s decision to preserve Standard Contract Clauses as a tool for data exports to third countries (and by extension, individual derogations and additional transfer methods authorized in Art 46 GDPR) while at the same time imposing a variety of additional requirements for their continued use. Indeed, individual data exporters are now frequently made to determine on their own whether their counterparts in the U.S. offer an adequate level of protection for the personal information of their EU customers and employees.
The international panel of experts presenting this webinar will enable affected businesses to make better decisions in their efforts to comply with EU data export regulations. They will analyze the concerns about U.S. surveillance practices raised by EU authorities and showcase the analytical framework for such individual adequacy decisions put forth by the European Data Protection Board, the EU’s principal privacy law regulator. In addition, the panel will present the revised EU Standard Contract Clauses and advanced technical solutions in the area of encryption and anonymization that can help satisfy the added requirements imposed by the EU’s highest court.
Speakers: Ashley Gorski, Gary LaFever, and Leo Moore
Moderator: Christian Hammerl
Ashley Gorski is a senior staff attorney at the ACLU’s National Security Project, where she works on issues related to government surveillance and national security prosecutions. Ashley has provided expert testimony on U.S. surveillance law in several international fora, including in the Schrems II litigation. Prior to joining the ACLU, Ashley worked at a New York law firm and served as a law clerk to the Hon. Jon O. Newman, United States Circuit Judge for the Second Circuit Court of Appeals, and to the Hon. Miriam Goldman Cedarbaum, United States District Judge for the Southern District of New York.
Gary LaFever is Co-Founder, Chief Executive Officer and General Counsel at Anonos, focusing on Lawful Borderless Data using state-of-the-art GDPR Pseudonymisation technology. He is a former partner at the international law firm of Hogan Lovells and former Management Information Consultant at Accenture. Gary’s 35+ years of technical and legal expertise enables him to approach data protection and utility issues from both perspectives. He is a co-inventor of 20 granted patents with over 70 additional patents pending in the U.S. and internationally.
Leo Moore is a partner at William Fry. For nearly 2 decades he has advised domestic and multi-national companies including leading technology companies, across the full spectrum of data protection and cyber security matters. He has extensive experience in advising on GDPR readiness and strategic governance programs, defence of prosecutions by the Data Protection Commission and advising on data protection in commercial, technology and outsourcing contracts.