Cynthia O'Donoghue

Cynthia O'Donoghue

Reed Smith

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The European Cloud Initiative: Will Data Protection Requirements Cause Stormy Weather?

The European Commission (EC) recently proposed the European Cloud Initiative (ECI): a plan to create a world-class data infrastructure to store, manage, transport and process data at high speeds. The primary aims are to...more

5/18/2016 - Anonymization Cloud Computing Digital Single Market EU EU Data Protection Laws European Commission General Data Protection Regulation (GDPR) Infrastructure Personal Data

European Commission Publishes Proposal for Signing the EU-U.S. Umbrella Agreement

The EU-U.S. data protection Umbrella Agreement consists of a framework of principles and safeguards for trans-Atlantic transfers of personal data (such as criminal records, names and addresses) in relation to the prevention,...more

5/18/2016 - Consent Counter-Terrorist Criminal Investigations Data Retention Data Security EU European Commission International Data Transfers Judicial Redress Act Law Enforcement Personal Data Umbrella Agreement

European Commission Publishes E-commerce Geo-Blocking Inquiry Findings

The European Commission (the executive of the EU) recently published the initial findings of its e-commerce inquiry, an investigative process conducted to determine whether and to what extent competition is being restricted...more

4/25/2016 - Competition Digital Single Market E-Commerce EU European Commission Exclusive Territory Geo-Blocking License Agreements

European Commission Launches Public Consultation on Revision of ePrivacy Directive

Pursuant to its Digital Single Market strategy and adoption of the General Data Protection Regulation (GDPR), the European Commission (EC) has launched a public consultation on the revision of Directive 2002/58/EC, better...more

4/21/2016 - Consultation Periods Digital Single Market EU EU Data Protection Laws EU Directive European Commission General Data Protection Regulation (GDPR) Member State Privacy Laws

Privacy Shield Details Have Been Revealed: Here’s What Companies Need to Know

The European Commission has published its draft adequacy decision on the EU-U.S. Privacy Shield, the proposed data transfer framework that would replace the defunct Safe Harbor program. The draft adequacy decision formally...more

3/22/2016 - Data Protection Authority Department of Transportation (DOT) EU EU-US Privacy Shield European Commission FTC International Data Transfers Notice Requirements Opt-Outs Personal Data U.S. Commerce Department US-EU Safe Harbor Framework

Passage of the U.S. Redress Act Raises Confidence in Privacy Protection for Transatlantic Data Flows

The U.S. Judicial Redress Act has been signed into law by President Obama. The move marks an important step in data transfer relations between the EU and the United States, gives the green light to the EU-U.S. law enforcement...more

3/3/2016 - EU EU Data Protection Laws EU-US Privacy Shield European Commission European Court of Justice (ECJ) International Data Transfers Judicial Redress Act Law Enforcement Schrems v Data Protection Commissioner Umbrella Agreement

Safe Harbor update: European Commission issues communication following Safe Harbor invalidation – Safe Harbor 2.0 in three months?...

On 6 November, the European Commission released a Communication on the implications of the Court of Justice of the European Union’s (CJEU) decision in Maximillian Schrems v Data Protection Commissioner (Case C-362/14)....more

11/11/2015 - Binding Corporate Rules EU European Commission International Data Transfers Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

The Article 29 Working Party releases statement on Safe Harbor

Background On 16 October, the Article 29 Working Party released a statement (“Statement”) on the implications of the Court of Justice of the European Union’s (“CJEU”) judgment in Maximillian Schrems v Data Protection...more

10/20/2015 - Article 29 Working Group Binding Corporate Rules CNIL Data Privacy Data Protection Authority Data Security Enforcement Actions EU EU Data Protection Laws European Commission European Court of Justice (ECJ) International Data Transfers Personal Data Sanctions SCC Schrems v Data Protection Commissioner Surveillance US-EU Safe Harbor Framework

The Safe Harbor Ruling – FAQs and What Your Business Should Do Now

Overview questions - 1. I’m Safe Harbor certified and have seen news articles reporting that “Safe Harbor is invalid”. What does that mean? On 6 October, the European Court of Justice delivered a judgment which...more

10/15/2015 - Binding Corporate Rules Cloud Computing CNIL Data Collection Data Controller Data Privacy Data Protection Authority Data Security EU EU Data Protection Laws European Commission European Court of Justice (ECJ) ICO Informed Consent International Data Transfers Personal Data SCC Supply Chain UK US-EU Safe Harbor Framework

EU Court Ruling on Safe Harbor Expected 6 October

Last week we blogged about the game-changing ECJ Advocate General recommendation that the court was to find the U.S.-EU Safe Harbor program invalid. It was anticipated that the court would not issue judgment for several...more

9/30/2015 - Advocate General Binding Corporate Rules Data Privacy Data Security EU EU Data Protection Laws European Commission European Court of Justice (ECJ) International Data Transfers Personal Data Umbrella Agreement US-EU Safe Harbor Framework

EU Data Protection Reforms: ICO Critiques Council Draft Regulation Over Consent, Access Rights, EU v. Member State Balance of...

With the EU Data Protection “reform train” rounding what is hopefully the final bend towards the summit of consensus, the UK ICO have published their latest analysis on the Council’s draft EU Data Protection Regulation. The...more

9/23/2015 - Consent Data Controller Data Privacy Data Protection Data Security EU EU Council of Ministers EU Data Protection Laws European Commission Online Safety for Children Parental Consent Personal Data Personally Identifiable Information Popular Proposed Regulation UK

Privacy in financial markets, not to be ignored

The Article 29 Working Party published a letter it sent to the European Commission urging it to consider the data protection and privacy issues when adopting the secondary regulations (‘Regulations’) necessary to implement...more

8/31/2015 - Article 29 Working Group Confidential Information Cybersecurity Data Controller Data Privacy Data Protection Data Retention Data Security Electronic Communications EU European Commission Financial Institutions MiFID Personal Data Personally Identifiable Information Proportionality Proposed Regulation

EU Art. 29 Working Party Letter on Health Data and Apps

The EU Article 29 Working Party (“WP29”) has published a letter to the European Commission (“EC”) on the scope of health data in relation to lifestyle and well-being apps, following the EC’s Working Document on mHealth and...more

2/23/2015 - Consent Cybersecurity Data Collection Data Protection Digital Health EU European Commission mHealth Mobile Apps Popular Prior Express Consent

European Commission and EU Art 29 dispel the myths on the ECJ's decision in Google Spain

In May 2014, we reported on the implications of the landmark decision in Google Spain which recognises the right for individuals to have links about themselves de-listed from search results. In response to the complaints...more

1/21/2015 - EU European Commission European Court of Justice (ECJ) Google Right to Be Forgotten

EU Commission Publishes Work Program for 2015

The European Commission’s work program for 2015 covers 10 actions for 2015, including a “connected digital single market” across the EU....more

1/20/2015 - Digital Communications EU European Commission

EU Proposed Directive on Network and Information Security

On 7 February, the European Commission (EC) published an EU Cyber Security Strategy encompassing a proposed Directive on Network and Information Security (NIS Directive). The aim of the Strategy and NIS Directive is to...more

2/14/2013 - Big Data Cloud Computing Cross-Border Cyber Attacks Cybersecurity Data Protection ENISA EU EU Data Protection Laws European Commission Information Sharing Internet Network Security Personally Identifiable Information

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