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Article 29 Working Party on the EU-US Privacy Shield: A Number of Concerns Remain But Let’s See How It Works

Article 29 Working Party on the EU-US Privacy Shield: The EU’s Article 29 Working Party analyzed the final version of the Privacy Shield and issued a statement on July 26, 2016. What does this mean?...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 12: Impact...

Why does this topic matter to organisations? A significant aspect of complying with EU data protection law is demonstrating compliance—making it evident to DPAs that an organisation is meeting its obligations. Three of...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 11:...

Why does this topic matter to organisations? Under the GDPR, the concept of a "processor" does not change. Any entity that is a processor under the Directive likely continues to be a processor under the GDPR. However,...more

Assessing Acquisition Offers from Chinese Buyers - CFIUS and related considerations for technology company boards

Notwithstanding reports earlier this year of transactions that either failed to close (GO Scale / Lumileds; Tsinghua Unisplendour / Western Digital), lost out to competing U.S. bids (China Resources / Fairchild) or were...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 10:...

Why does this topic matter to organisations? Each time an organisation processes personal data, it will do so as either a controller or a processor. These roles bear different responsibilities. Therefore, it is...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 9: Rights...

Why does this topic matter to organisations? EU data protection law provides data subjects with a wide array of rights that can be enforced against organisations that process personal data. These rights may limit the...more

Decision Clears Path for Companies to Participate in the Privacy Shield

A critical decision today by European Union privacy officials ends the era of uncertainty for the 4,000 plus U.S.-based companies and the thousands of EU-based companies that formerly relied on the U.S.-EU Safe Harbor...more

Slow but steady: US M&A H1 2016

The frenzied pace of US M&A in 2014 and 2015 calmed in the first half of 2016, returning the market to far more sustainable and familiar activity levels. After two blockbuster years, the first half of 2016 has brought...more

A Fragile Shield? Managing the Risks of EU-U.S. Data Transfer

Following European Commission adoption of the Privacy Shield on July 12, 2016, and with Privacy Shield self-certification poised to open for business organizations on August 1, 2016 as a replacement for the invalidated...more

FCPA Compliance and Ethics Report-Episode 270-Scott Lane on data and compliance [Video]

In this episode, I visit with Red Flag Group CEO, Scott Lane on the future of compliance programs and the use of data to have more effective best practices. ...more

WilmerHale Privacy and Cybersecurity Law Blog - Comparison of Requirements Under the Privacy Shield/Safe Harbor Principles

Notice Requirements - The Privacy Shield notice requirements are more specific and detailed than what was required by the Safe Harbor regime. Safe Harbor required a privacy policy to provide information on data...more

Privacy Shield: The National Data Protection Authorities Hold Fire

The Article 29 Working Party (WP29) has released a brief updated statement on the final form of the Privacy Shield adequacy decision and supporting annexes. WP29 is an important advisory group made up of representatives of...more

Your daily dose of financial news - The Brief – 7.26.16

Private equity bigwig Lynn Tilton has reportedly hired appellate superstar Paul Clement (after Gibson Dunn got the boot) to represent her in her “bid to revive her challenge to the [SEC’s] in-house court at the Second...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 8: Consent

Why does this topic matter to organisations? Processing of personal data is lawful only if, and to the extent that, it is permitted under EU data protection law. Each and every data processing activity requires a lawful...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 7: Lawful...

Why does this topic matter to organisations? Processing of personal data is lawful only if, and to the extent that, it is permitted under EU data protection law. If the controller does not have a lawful basis for a given...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 6: Data...

Why does this topic matter to organisations? The Data Protection Principles provide the conditions on which an organisation is permitted to process personal data. If an organisation cannot satisfy the Data Protection...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 5: Key...

Why does this topic matter to organisations? The defined terms set out in this Chapter are of critical importance to understanding how EU data protection law applies to an organisation. For example, the question of...more

A Side-By-Side Comparison of “Privacy Shield” and the Controller-Controller Model Clauses: The Easiest Way to Understand What...

The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for the national data-protection laws in each EU member state. The Directive states that personal data may only be transferred to...more

EU-US Privacy Shield to Launch August 1, Replacing Safe Harbor

I. Introduction: Privacy Shield to Go Live August 1 (at Last) - The replacement for Safe Harbor is finally in effect, over nine months after Safe Harbor was struck down by the Court of Justice of the EU in the Schrems...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 4 -...

Why does this topic matter to organizations? The GDPR does not necessarily apply to every organisation in the world. It applies to all organisations that are established in the EU. However, for organisations established...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 3: Subject...

Why does this topic matter to organisations? Understanding the subject matter and the scope of EU data protection law is fundamental to determining whether this law applies to an organisation's business activities. In...more

Shield, Sword or Plough Ahead? Approval of New EU Privacy Shield Forces a Decision

When the European Court of Justice first invalidated the Safe Harbor we recommended here that, for most companies, staying the course by implementing general data security best practices was probably the right thing to do...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 1:...

EU data protection law has come a long way over the last two decades. When Directive 95/46/EC (the "Directive") was written in the mid-1990s, the highly networked and interconnected world in which we live today was...more

Privacy Shield is final: What it means for businesses

The US Department of Commerce announces that it will begin accepting applications for Privacy Shield certifications beginning on August 1. For US organizations collecting personal data from the EU, the past year has been...more

European Parliament Passes Landmark Data Protection Regulation

On April 14, 2016, the European Parliament passed the General Data Protection Regulation (GDPR) and its companion, Data Protection Directive for Police and Criminal Justice Authorities. The GDPR is a comprehensive regulation...more

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