Compliance News Flash - July 2020 #1

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our clients as well as employers and consumer reporting agencies generally.

  • The Court of Justice of the European Union (CJEU) has issued its Schrems II decision which invalidates the EU-U.S. Privacy Shield, while upholding Standard Contractual Clauses subject to enhanced scrutiny. The CJEU concludes that (i) the EU-U.S. Privacy Shield program does not provide adequate safeguards and is no longer a valid legal mechanism for the transfer of personal data from the European Union (EU) to the United States; and (ii) Standard Contractual Clauses (SCCs) remain a valid mechanism for such transfers, although a case-by-case evaluation of their sufficiency may be required by local data protection authorities as well as controllers and processors. The Department of Commerce has indicated that it will continue to administer the Privacy Shield program, and all current Privacy Shield participants must continue to meet their obligations under the program. Click here to read the CJEU’s decision, and here to read AGG’s Client Alert on the topic.

  • The Trump administration walked back its proposal to bar nonimmigrant F-1 and M-1 students taking an entirely onlinecourse load during the upcoming fall 2020 semester from remaining in the United States. The reversal came after Harvard University and the Massachusetts Institute of Technology (MIT) filed a lawsuit opposing the policy directive. Normally, F-1 and M-1 students are restricted from taking more than one online course per semester, but the Department of Homeland Security (DHS) previously allowed flexibility in this regard during the 2020 spring and summer semesters, permitting F-1 and M-1 international students to take multiple online courses dependent on their school’s response to COVID-19. That flexibility should now extend into the upcoming fall semester. Click here to read more and here to read about the (now rescinded) policy directive. FULL NEWS FLASH