A new Executive Order (EO) signed by the White House hopes to "restore an important legal basis for transatlantic data flows" between the EU and the US. Signed by President Joe Biden on October 7th, it outlines the steps the United States will take to implement its commitments under the European Union-U.S. Data Privacy Framework announced in March 2022. Why is data framework required for EU-US data flows?: Article 45 of the European Union's GDPR states that personal data may only be transferred from Europe to countries that have an "adequate level of protection" for personal data in place. ‘Adequacy’ is determined by the European Commission. "The United States has attempted to meet Article 45’s standard by developing data protection frameworks in coordination with the EU. Privacy Shield provided a mechanism for EU-U.S. data transfers from 2016," states a Congressional report. Companies voluntarily signed up for Privacy Shield, committing to uphold specified personal data protection standards. Individuals could also submit complaints if they believed their data was inadequately protected. However, in 2020, the Court of Justice of the European Union (CJEU) declared Privacy Shield invalid. In the landmark Schrems II judgment, the CJEU critiqued America's surveillance of people outside the United States under Section 702 of the Foreign Intelligence Surveillance Act (FISA). The surveillance was not "strictly necessary" and lacked precise rules that imposed "minimum safeguards" to protect personal data, falling afoul of the GDPR's data protections. "EU individuals whose data is collected by U.S. surveillance do not have an adequate administrative or judicial…
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While Chandrasekhar said the advisory doesn't include startups, the advisory itself does not make any such classification based on platform sizes.
Europe fines Apple €1.8 billion in Spotify antitrust probe, orders it to remove anti-steering provisions
The case dates back to 2019 when Spotify filed a complaint against Apple's anti-steering rules which prevented apps like Spotify from informing their users...
Communication Ministry launches Digital Intelligence Platform for collaborative action against cybercrime
DIP contains information regarding cases detected as misuse of telecom resources and acts as a back-end repository of all requests received on the Sanchar...
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Views: Response to NPCI CEO’s comments that what is not written in regulations is a no-go for fintech entities
NPCI CEO Dilip Asbe recently said that what is not written in regulations is a no-go for fintech entities. But following this advice could...
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The existing commission-based model, which companies like Uber and Ola have used for a long time and still stick to, has received criticism from...
Factors like Indus not charging developers any commission for in-app payments and antitrust orders issued by India's competition regulator against Google could contribute to...
Is open-sourcing of AI, and the use cases that come with it, a good starting point to discuss the responsibility and liability of AI?...
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