ARTICLE
1 August 2024

Personal Data Transfer To Overseas Regulator Permitted Despite Lack Of Adequacy Status

AO
A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
In the context of a fraud investigation being conducted by the Ukrainian Bureau of Economic Security, the UK High Court has permitted a bank to disclose two schedules of data to the overseas regulator in satisfaction of a Ukrainian court order.
United States Privacy

In the context of a fraud investigation being conducted by the Ukrainian Bureau of Economic Security, the UK High Court has permitted a bank to disclose two schedules of data to the overseas regulator in satisfaction of a Ukrainian court order.  

Amongst other issues, the UK court was required to decide if one of the derogations contained in Article 49 UK GDPR applied. In this case, the court permitted the disclosure on the basis that the Article 49(1)(e) derogation applied, with the transfer being “necessary for the establishment, exercise or defence of legal claims”. 

Our cyber team consider the decision in more detail in this post to A&O Shearman on data.” 

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