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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 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

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

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

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

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

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

Negotiators Announce “EU-U.S. Privacy Shield,” Replacing Safe Harbor for EU Data Transfers to the U.S.

U.S. and EU officials have agreed on a Safe Harbor replacement just as a deadline from EU data protection authorities passed. However, the exact details of the new EU-U.S. Privacy Shield have not been released and...more

Article 29 WP response to “Privacy Shield”

The Article 29 Working Party (WP 29) published their initial response to the new Privacy Shield yesterday. Here’s the good news: Here’s another interesting development: Next Steps The Commission now has to deliver on the...more

EU Privacy Regulators: Newly Announced "Privacy Shield" Not A Safe Harbor Yet

In response to the February 2, 2016, announcement by the European Commission (the "Commission") and the U.S. Commerce Department of a new framework, called the "Privacy Shield," to replace the invalidated U.S.-European Union...more

Litigation Alert: From a Safe Harbor to a Privacy Shield

The October 6, 2015, decision of the Court of Justice of the European Union in the Schrems v. Facebook case left significant uncertainty surrounding the legality and practicality of U.S. technology companies’ ability to...more

Safe Harbor 2.0: How the EU-U.S. "Privacy Shield" Could Impact Your Global Operations

The U.S. and European Union (EU) reached an agreement regarding international data transfers, shortly after the deadline set by both parties. The parties had been in negotiations since the Court of Justice of the European...more

U.S. and European Officials Fail to Reach Agreement for New Data Transfer Deal

American and European officials failed to meet the January 31st deadline for a new agreement on the transfer of data between the United States and Europe, disappointing hopes that the two sides would broker a deal to replace...more

EU-U.S. Reach Deal on Safe Harbor 2.0 - Pact Creates New Data Transfer Framework

After months of uncertainty triggered by the now infamous Schrems decision by the European Court of Justice (ECJ), the EU Commission and the U.S. Department of Commerce have reached an agreement with respect to the transfer...more

Sanity Prevails? The Framework for the New EU – U.S. Privacy Shield

On February 2, 2016, the European Commission announced a last-minute “political agreement” with the United States concerning a new privacy framework for transatlantic data transfers. The accord, called the “EU-U.S. Privacy...more

The New EU-US Privacy Shield: Safe Harbor 2.0

Two days after the expiration of the informal deadline to replace the Safe Harbor Framework invalidated by the Court of Justice of the European Union in October 2015, the EU and US have come to terms on a new framework—the...more

Safe Harbor 2.0: Political Agreement Reached – The EU-US Privacy Shield

The European Commission has announced that it has reached a deal to replace the EU-US Safe Harbor framework that was declared invalid last year by the Court of Justice of the European Union (“ECJ”). Heralded as the EU-US...more

"Privacy & Cybersecurity Update - Historic New 'Privacy Shield' Agreement to Replace EU-US Safe Harbor"

Two days after the original January 31 deadline, the European Union and United States have announced a replacement for the Safe Harbor agreement — the EU-U.S. Privacy Shield — which, if approved, will provide a new framework...more

Foreign Supplier Verification Programs and Customs Compliance: Three Key Facts Companies Need To Know

On November 27, 2015, the Food and Drug Administration (FDA) published the final rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals under the FDA Food Safety Modernization Act...more

Opinion of Prof. Lokke Moerel of Morrison & Foerster on the impact of the ECJ Safe Harbor Decision on the alternative transfer...

Crucial decision by Working Party 29 expected February 3, 2016 on validity of Standard Contractual Clauses and Binding Corporate Rules for data transfers to U.S. Following the judgement of the European Court of Justice...more

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