Susan Foster

Susan Foster

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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

Court of Justice of the EU Decision on Safe Harbor Expected October 6

The European Court of Justice (ECJ) has announced that it will release its decision in the Schrems Safe Harbor case on Tuesday, October 6. It is highly unusual for the ECJ to issue a decision so quickly after publication of...more

9/30/2015 - Advocate General Data Privacy Data Security EU EU Data Protection Laws European Court of Justice (ECJ) International Data Transfers US-EU Safe Harbor Framework

Thinking Big about Data – the new EDPS Ethics Board

Giovanni Buttarelli, the European Data Protection Supervisor (EDPS), recently announced the formation of a new external Ethics Board that will do a deep dive into the complex ethical issues that surround the use of personal...more

9/18/2015 - Big Data Data Privacy Data Protection Data Security EDPS Ethics EU Personal Data Personally Identifiable Information

EU Data Protection Regulation – Did you know there’s an app for that?

As EU data protection watchers know, the draft General Data Protection Regulation (which has been around long enough to be universally referred to by its acronym, GDPR) exists in three major versions, with a fourth version...more

8/6/2015 - Data Privacy Data Protection EDPS EU EU Council of Ministers EU Data Protection Laws Mobile Apps

Privacy Tuesday – May 2015: Shaping Up — Update on the EU’s Draft General Data Protection Regulation

On this Privacy Tuesday, we can definitely say that the long winter of our discontent (at least for some of our readers) is over. Happy spring!...more

5/5/2015 - COPPA EU EU Data Protection Laws Privacy Policy

[Webinar] Compliance with EU Data Protection for US Companies - April 29, 1:00-2:00 EDT

This webinar, the fourth in our Privacy Series, will consider issues faced by US companies who do business in Europe or simply interact with European customers. We will look at how to determine whether EU data protection laws...more

4/7/2015 - Chief Compliance Officers Compliance Cybersecurity Data Protection EU EU Data Protection Laws UK Webinars

One Less Carrot for Business:  Council of European Union Limits the “One-Stop Shop” Mechanism in the Draft Data Protection...

The draft Data Protection Regulation doesn’t offer many carrots to business – and a recent announcement by the Council of the European Union takes away one of the biggest carrots, the “One-Stop Shop” mechanism....more

3/16/2015 - Data Protection EU European Commission One-Stop Shop

Who’s your role model for EU privacy notices? The latest Google Undertaking

When small and mid-size companies start expanding their apps or web presence into Europe, they need to start thinking about EU data protection laws. It’s tempting to take a look at what one or two of the “big guys” do about...more

2/6/2015 - EU EU Data Protection Laws Google Small Business

On the First Day of Privacy, the EU Gave to Santa……

Welcome to our series, “The 12 Days of Privacy” as we look to “gifts” that may be received this season and some of the big issues ahead...more

12/10/2014 - Article 29 Working Group EU EU Data Protection Laws

EU sets sights on Google.com search results

(LONDON) The highly influential Article 29 Working Party, composed in part of representatives of the EU’s national data protection offices, has announced that the right to be forgotten applies to .com as well as...more

12/1/2014 - EU Google gTLD Popular Right to Be Forgotten Search Engines

Google, the House of Lords and the timing of the EU Data Protection Regulation

In the Google Spain “Right to be Forgotten” case, the ECJ held that Google must remove links to a newspaper article containing properly published information about a Spanish individual on the basis that the information is no...more

8/20/2014 - Data Protection EU EU Data Protection Laws European Court of Justice (ECJ) Google Popular Right to Be Forgotten

Honing in on the new rules for the transfer of personal data outside of the EEA

Although no major legislative milestones for the EU Data Protection Regulation have occurred since March 2014 (see status update here), there has been some progress over the late spring and early summer of 2014. One key item...more

7/24/2014 - Data Protection EU EU Data Protection Laws

No news doesn’t mean it’s gone away: Timing Update for the EU Data Protection Regulation

With no major legislative milestones since the March 2014 EU Parliamentary vote endorsing the LIBE draft of the new Data Protection Legislation, observers from outside the EU might understandably wonder whether the...more

7/24/2014 - Data Protection EU EU Data Protection Laws

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