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Israel Connect - Legal Insight for Success in the US Market

We are excited to present you with the second issue of Israel Connect — our quarterly newsletter focused on forging new connections and strengthening existing bonds between Israeli businesses and the US market. In our second...more

EU-US Privacy Shield May Provide Guidance for Transatlantic Data Transfers

The decision of the Court of Justice of the European Union (CJEU) to invalidate Safe Harbor in October 2015 sent shockwaves throughout the international business community. Safe Harbor was a certification mechanism that...more

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

EU-US Privacy Shield: Still Awaiting Certainty

Privacy activists across Europe raised their data protection banner following the announcement by EU Commissioner for Justice, Consumers and Gender Equality Vera Jourová on Tuesday 2 February 2016 that a political agreement...more

From Safe Harbor to Privacy Shield: New EU-U.S. Agreement for Transatlantic Data Flows

The European Commission (EC) and the U.S. Department of Commerce have reached an agreement to create a framework for transfers of personal data from the European Union to the United States. The framework, named the EU-U.S....more

From Safe to Schrems to Shield - and Other Alliterations Shifting Grounds in the EU Privacy Landscape

In October 2015, the European Court of Justice abruptly invalidated Commission Decision 520/2000/EC on the adequacy of Safe Harbor (Case C-362/14, “Schrems”), mainly on grounds of (i) overly broad access by U.S. law...more

French Class Action Law Has Less Impact Than Expected

Since the entry into force on 1 October 2014 of the provisions of the “Hamon” law of 17 March 2014, which introduced class actions into French law in relation to consumer and competition law matters, only six class actions...more

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

Data Transmission, Personalized Medicine, and Privacy

Health care analytics make use of patient data to inform treatment decisions and is increasingly moving front and center in personalized medicine. For example, the President’s Precision Medicine Initiative (see post of...more

European Commission Announces Agreement with the US on the Framework for Transatlantic Data Flows

On February 2, the members of the European Commission approved a new framework for transatlantic data flows: EU-US Privacy Shield. The European Commission and the United States agreed to a deal that reflects the requirements...more

EU Data Protection Regulators All Set to Scrutinise ‘EU-U.S. Privacy Shield’ and Transfer Mechanisms to the U.S. Generally

On 3 February, the Article 29 Working Party (‘WP29’), a group comprising representatives of the EU Member States’ Data Protection Authorities (“DPAs”), issued a statement cautiously welcoming the agreement on an “EU-U.S....more

Judicial Redress Act Would Extend Privacy Act Remedies to Citizens of Designated Foreign Nations

The pending legislation would authorize the US Department of Justice to designate foreign countries to allow the citizens of such countries to bring civil actions against certain US agencies to access, amend, or redress...more

EU-U.S. Privacy Shield Framework Agreement Reached - Replaces Safe Harbor Agreement

On February 2, 2016, The European Commission (EC) and the U.S. Department of Commerce (Commerce) reached a deal on a new transatlantic data-transfer pact to replace the 15-year-old Safe Harbor agreement. The European Court of...more

EU-US Data Transfer Privacy Shield: Political Agreement Achieved Regarding “Safe Harbor 2.0”

Significant uncertainty and concern regarding US companies’ ability to process and use personal data received from the EU has loomed since the October 2015 decision by Europe’s highest court invalidating the EU-US Safe...more

Do the Restrictions on Advertising with Nutrition and Health Claims also Apply to Communications Addressed Exclusively to Health...

The Court of Justice of the European Union (ECJ) will soon decide on the issue of whether the restrictions on promoting foodstuffs with nutrition and health claims also apply to communications addressed exclusively to health...more

EU Extends "Qualified" Moratorium on Enforcement Actions for Data Transfers to the U.S.

On February 3, 2016, the Article 29 Working Party, the EU body representing the data protection authorities (DPA) of each EU member country, announced that all of the DPAs across the EU have agreed to extend the current...more

Proposal of EU-US Privacy Shield Leaves Businesses in State of Uncertainty

Earlier this week, the European Commission announced that a “political” agreement has been reached on a new framework for data flows from the EU to the US. The announcement highlights a few changes from the old Safe Harbor...more

Financial Services Weekly News - February 2015

Regulatory Developments - FDIC Provides Framework for Cybersecurity in Recent Supervisory Insights - The FDIC featured an article titled “A Framework for Cybersecurity” in the Winter 2015 issue of Supervisory...more

U.S.-EU Safe Harbor Agreement Reached: Introducing the EU-U.S. Privacy Shield

United States and European Union Commission negotiators announced today that they have reached a political agreement on a new data transfer framework that will replace the Safe Harbor Program, which was invalidated in 2015 by...more

EU and U.S. Reach Data Transfer Agreement: Perhaps a Shield, But No Silver Bullet

On February 2, 2016, the European Commission and the U.S. Department of Commerce reached an accord on a new transatlantic data transfer protocol. Nicknamed the EU-U.S. Privacy Shield, the framework would replace the...more

EU and US agree to new safe harbor data transfer pact

The U.S. Department of Commerce and the European Commission announced on Tuesday that they have entered into a new transatlantic safe harbor transfer agreement, which comes two days after the deadline set by EU data...more

U.S. and EU Authorities Announce New Privacy Shield for Data Transfers

Companies should still ensure that they are lawfully transferring data through an alternative mechanism until the details of the Privacy Shield are released. The U.S. Department of Commerce and the European Commission...more

EU and US Reach Agreement in Principle on Successor to ‘Safe Harbor’ for Trans-Atlantic Data Transfers

The European Commission announced an agreement in principle on a new framework for data transfers to replace the “Safe Harbor” arrangement that had governed data flows between the United States and Europe for the past 15...more

February 3, 2016 Statement of the Article 29 Working Party on the Consequences of the Schrems Judgment

In response to the announcement of the EU-U.S. Privacy Shield, the Article 29 Working Party issued its own statement, the key elements of which are as follows...more

Safe Harbor is dead, long live Safe Harbor!

News broke late February 2, 2016 that the United States and the European Union Commission have agreed upon a revised and updated version of the U.S.-EU Safe Harbor, providing a new framework for transfers of personal data...more

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