Susan Foster

Susan Foster

Mintz Levin

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Privacy Shield is Finally Official

The EU Commission has formally adopted Privacy Shield and the US Department of Commerce will go live with a new Privacy Shield registration website on August 1. US companies that had been registered under Safe Harbor will...more

7/12/2016 - Data Protection Data Retention EU EU-US Privacy Shield European Commission FTC International Data Transfers Personal Data Registration Requirement Self-Certification U.S. Commerce Department US-EU Safe Harbor Framework

Privacy Shield Passes Art. 31 Hurdle; European Parliament LIBE Committee Advisory Vote July 11, 2016

The final version of Privacy Shield (which has not yet been officially published) passed the Article 31 Committee vote on July 8th and is being presented on July 11th to the LIBE committee of the European Parliament. LIBE’s...more

7/11/2016 - CJEU EU-US Privacy Shield FTC International Data Transfers LIBE Schrems v Data Protection Commissioner Standard Contractual Clauses U.S. Commerce Department US-EU Safe Harbor Framework

Privacy Shield: Rumors of Progress

According to several news reports, the Commission has sent a revised draft of the Privacy Shield adequacy decision to the Article 31 Committee. One tech industry news source, Ars Technica, has made available a purportedly...more

7/1/2016 - EU EU-US Privacy Shield

What does the Brexit vote mean for UK data protection?

US companies and policy makers will no doubt spend a good chunk of the day today considering the possible implications for them of yesterday’s UK vote for Brexit. Mark Carney, Governor of the Bank of England, has issued a...more

6/24/2016 - Data Protection EU General Data Protection Regulation (GDPR) ICO International Data Transfers Personal Data UK UK Brexit US-EU Safe Harbor Framework

EU Privacy Shield Status Update

While it’s making few headlines, the European Commission is still working to finalize Privacy Shield, and it’s even possible that Privacy Shield will pass a key hurdle by the end of this month. The Commission is still...more

6/20/2016 - Article 29 Working Party (WP29) EU EU Data Protection Laws EU-US Privacy Shield European Commission Member State

Innocents Abroad: Lost laptop with customer data

Carrie, A couple of weeks ago, you wrote me about an employee who will be engaging in a six-month temporary assignment around Europe to scope market opportunities. The employee was Abbie Absent-Minded. Well, we hit a...more

6/2/2016 - Breach Notification Rule Customer Lists Data Breach Data Security Employer Liability Issues Encryption EU EU Data Protection Laws General Data Protection Regulation (GDPR) Laptop Computers Personal Data UK

Save the Date: GDPR goes into effect May 25, 2018

We now have a precise date for the European Union’s General Data Protection Regulation to go into effect: May 25, 2018. ...more

5/7/2016 - EU General Data Protection Regulation (GDPR)

Key EU Advisory Body Declines to Support Privacy Shield

UPDATE: The Article 29 Working Party has released surprisingly brief comments on Privacy Shield. Consistent with the press briefing held on April 13, 2016, WP29 has concluded that Privacy Shield falls short without providing...more

4/13/2016 - Article 29 Working Party (WP29) EU EU-US Privacy Shield International Data Transfers

State Data Security Breach Notification Laws - April 2016

The general definition of “personal information” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of the following data elements: (i) Social Security number, (ii)...more

4/4/2016 - Breach Notification Rule Corporate Counsel Cybersecurity Data Breach Data Security Personally Identifiable Information Popular Young Lawyers

Key Review of Privacy Shield Coming in Six Weeks

Now that the EU Commission has published the complete version of its draft decision adopting the EU-US Privacy Shield program, it’s time for the key reviewers to dig in. I don’t mean the lawyers, or EU privacy advocates, or...more

3/1/2016 - Article 29 Working Party (WP29) Data Protection Authority EU EU-US Privacy Shield European Commission International Data Transfers Privacy Concerns

EU-US Privacy Shield Agreement Published

The European Commission has finally made the draft text of the EU-US Privacy Shield program available... The Privacy Shield program, which was agreed to in principle by US and EU negotiators nearly four weeks ago, will...more

2/29/2016 - Article 29 Working Party (WP29) Data Protection EU EU-US Privacy Shield International Data Transfers US-EU Safe Harbor Framework

Judicial Redress Act passes the House with the Senate Amendments

The amended Judicial Redress Act has passed the House and is on its way to the president to be signed into law. The Act, which we covered in an earlier blog post, gives citizens of foreign countries the same rights as US...more

2/12/2016 - Data Protection Authority EU EU-US Privacy Shield International Data Transfers Judicial Redress Act Law Enforcement Pending Legislation Personal Data

Amended version of Judicial Redress Act passes the Senate; now goes back to the House

The US Senate passed the amended version of the Judicial Redress Act on February 9. The amendments, which tie the Umbrella Agreement to Safe Harbor 2.0 (now dubbed the US-EU “Privacy Shield”), now go back to the House for...more

2/10/2016 - Amended Legislation EU EU-US Privacy Shield International Data Transfers Judicial Redress Act Pending Legislation US-EU Safe Harbor Framework

Will free apps soon be dead in Europe?

As we’ve discussed previously, the GDPR significantly limits user consent as a basis for processing personal data. One interesting question is whether the new rules on consent will kill free apps in Europe. Free apps...more

2/10/2016 - Consent Data Collection Data Processors EU General Data Protection Regulation (GDPR) Mobile Apps Personal Data Terms of Use

Commission Press Release and FTC Fact Sheet outlines the new EU-US “Privacy Shield”

The European Commission has issued a press release that gives an outline of some key changes to the EU-US safe harbor, now dubbed the “Privacy Shield.” The new accord still needs to be reviewed by the Article 29 Working...more

2/4/2016 - EU EU-US Privacy Shield FTC International Data Transfers National Security Ombudsman Personal Data Schrems v Data Protection Commissioner Surveillance U.S. Commerce Department US-EU Safe Harbor Framework

EU update: Safe Harbor 2.0 deadline passes without agreement; Art. 29 WP views on BCRs and model clauses expected February 3, 2016

No news is not good news this time. The January 31 deadline for getting a new Safe Harbor Agreement in place came and went last weekend. Commissioner Jourova, who is leading the Safe Harbor 2.0 negotiations for the EU,...more

2/3/2016 - Article 29 Working Party (WP29) Binding Corporate Rules EU International Data Transfers Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

Tying it all together: Safe Harbor and Security-Related Data Flows

One of the fascinating aspects of the privacy-related negotiations between the EU and the US over the past couple of years has been the EU’s efforts to decouple trade (e.g, TTIP) and security-related negotiations from the...more

1/29/2016 - EU European Commission International Data Transfers Judicial Redress Act Law Enforcement Personal Data Schrems v Data Protection Commissioner Senate Judiciary Committee Umbrella Agreement US-EU Safe Harbor Framework

(So) What if there’s no Safe Harbor 2.0?

There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially...more

1/29/2016 - Binding Corporate Rules Corporate Counsel EU EU Data Protection Laws European Court of Justice (ECJ) General Data Protection Regulation (GDPR) International Data Transfers Personal Data Popular Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework Young Lawyers

The Exception that Proves the Rule? European Court of Human Rights Okays Employer’s Access to Personal Communications of Employee...

The European Court of Human Rights recently ruled in Barbulescu v. Romania (Application no. 61496/08) that a Romanian employer did not violate its employee’s fundamental right of privacy when the employer accessed personal...more

1/20/2016 - Employee Privacy Rights EU European Court of Human Rights Privacy Laws Romania Yahoo!

Key EU Parliamentary Committee Votes to Adopt the General Data Protection Regulation

As expected, on December 17, 2015, the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (also known as LIBE) voted to adopt the new General Data Protection Regulation. A LIBE press release announced the...more

12/18/2015 - EU EU Data Protection Laws General Data Protection Regulation (GDPR) Grace Period LIBE

The General Data Protection Regulation in Bullet Points

The new General Data Protection Regulation is effectively a “done deal” following the final trilogue meeting on December 15. One might assume based on UK media coverage that the biggest change in EU privacy law is that kids...more

12/16/2015 - Consent Data Controller Data Processors Data Protection Authority EU EU Data Protection Laws General Data Protection Regulation (GDPR) Right to Be Forgotten Young Lawyers

At long last . . . the EU General Data Protection Regulation negotiations have wrapped up

The EU has announced that the Commission, Parliament and Council have reached agreement on the final shape of the General Data Protection Regulation. The official version will be available early in 2016, but we will be...more

12/16/2015 - Data Breach EU EU Data Protection Laws European Commission Fines General Data Protection Regulation (GDPR)

EU Round-UP: Safe Harbor 2.0 and Upcoming National Challenges

EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a...more

10/28/2015 - Article 29 Working Party (WP29) Binding Corporate Rules Data Privacy Data Protection Authority Data Security Enforcement EU EU Data Protection Laws European Commission Facebook Germany Google International Data Transfers LIBE Model Contracts NSA Personal Data SCC Schrems v Data Protection Commissioner Surveillance US-EU Safe Harbor Framework

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