1-Hour Program

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Overview

On October 6, the European Union’s highest court stunned both Europe and America with its game-changing Schrems v. Data Protection Commissioner decision that - effective immediately - voided the joint EU/U.S. Department of Commerce “safe harbor” channel for transmitting personal data to the United States. The ramifications of Schrems reach even beyond companies that use the safe harbor, because the rationale in the case has emboldened European “data protection authorities” to challenge other channels for “exporting” Europeans’ personal data to the U.S., like “model contractual clauses.” 

The ramifications for international human resources are huge. The ground has shifted for all U.S. multinationals that employ staff in Europe. Schrems forces multinationals to revisit their Europe-to-U.S. HR data flows - particularly if they were either safe-harbor-certified or were using a safe-harbor-certified HR services provider (payroll provider, benefits administrator, hotline provider, travel tracking service, EAP). Indeed, the Schrems case affects all multinationals with HR data and employee email on U.S. servers. 

Immediate reaction to the Schrems case has been passionate. Newspapers in Germany, for example, have argued that now, all flows of personal data, including HR data flows, to America may now be illegal, absent “unambiguous,” “freely given” - and revocable - signed consents. 

This One-Hour Briefing will be led by K&L Gates LLP HR data privacy practitioners Donald C. Dowling, Jr., from New York City, Etienne Drouard from Paris, and Dr. Friederike Gräfin von Brühl from Berlin.  The program will provide the strategies you need to protect Europe-to-U.S. HR data flows going forward in the aftermath of Schrems. The session will explain the precise effect of the Schrems case on HR data flows to the U.S.; identify how the case affects different U.S. multinationals and HR services providers; and explain the three strategies for maintaining HR data flows to the U.S. in the present “crisis” post-Schrems environment. The session will also discuss the prospects for what will change in the future.        

What you will learn:

  • What happened: What the October 6 Schrems case did, and did not, do to Europe-to-U.S. HR data flows
  • Strategy: The three strategies for mainlining HR data flows to the U.S. in the aftermath of Schrems - and the pros and cons of each
  • Maintaining business partners: Working with HR services providers that were safe-harbor certified
  • After the dust settles: Prognosis for the future 

Who should attend?:

  • Professionals at multinational companies (with staff in Europe) who have responsibilities in the areas of: HR, legal, IT
  • Managers of U.S.-based HR services providers with customers/clients that have European operations  
  • U.S. employment and privacy lawyers with multinational clients

Credit Details