International Trade Privacy

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Ground-breaking European Court Decision – US Safe Harbor declared invalid

Today, in a ground-breaking Decision, the Court of Justice of the European Union (CJEU) declared the US Safe Harbor scheme to be invalid, as well as confirming that individuals have the right to challenge any similar schemes...more

US-EU Safe Harbor Invalidated: What Now?

On October 6, 2015, the European Court of Justice (CJEU) invalidated the US-EU Safe Harbor framework, effective immediately. This momentous decision jeopardizes the continued flow of data from Europe to the US. As the Safe...more

Now What? Europe’s High Court Sinks the U.S. – EU Safe Harbor Data Transfer Program

Life just got a lot more confusing, complicated and expensive for organizations that transmit personal data to the United States from the European Union (EU) under the frequently-used U.S. – EU Safe Harbor program. Why?...more

Europe's Highest Court Invalidates U.S.-EU Safe Harbor Regime

The European Court of Justice (ECJ) today invalidated the transatlantic Safe Harbor Regime that permits U.S. companies to transfer consumers’ and employees’ personal data from Europe to the United States under a presumed...more

Keep Calm and Data Transfer On (… mostly … for now) - M&E Cybersecurity & Data Privacy Alert

Most of you already have Twitter feeds, Facebook pages, and—the aged among you—in-boxes overflowing with news about yesterday’s decision from the European Court of Justice (“ECJ”). Some of you read each message, anxiously...more

Safe Harbor unverbindlich! EuGH zeigt im Datenschutz die Zähne

In seiner heute ergangenen Entscheidung (C-362/14) erklärt der EuGH, die Safe Harbor-Grundsätze bei der Datenübermittlung ins EU-Ausland seien für die nationalen Bundesdatenschutzbehörden unverbindlich. Die in der Praxis weit...more

ECJ Decision on Safe Harbor Framework Could Have Far Reaching Implications

A landmark decision is expected on Tuesday by the European Court of Justice (“ECJ”) on the validity of the EU-US Safe Harbor Framework as an adequacy mechanism for European companies to transfer personal information to U.S....more

Ground-breaking European Court Decision – US Safe Harbor Declared Invalid

Today, in a ground-breaking Decision, the Court of Justice of the European Union (CJEU) declared the US Safe Harbor scheme to be invalid, as well as confirming that individuals have the right to challenge any similar schemes...more

Study reports draft EU Data Protection Regulation leaves gaps in protection when it comes to Big Data, Internet of Things and...

A study published 22 September 2015 criticises the EU’s development of its Digital Single Market (‘DSM’) strategy for being overly commercially and economically driven, with little attention to the key legal and social...more

EU-US Data Transfer Safe Harbor Invalid, Rules ECJ

In a decision that is sure to have wide implications for over 4,500 US companies doing business in Europe, the European Court of Justice has just ruled that the 15 year-old data sharing arrangement known as “Safe Harbor”...more

The Collection of Passenger Data - Draft Directive Back on Schedule

The EU Passenger Name Record (PNR) Directive has had a turbulent ride: it was first proposed in 2011, rejected in 2013 by the Civil Liberties Committee and discussions suspended a year later. It was then revived in the...more

EU – US Safe Harbor Ruled Invalid

The global data protection community was issued a major blow early on Tuesday, October 6, 2015, when the Court of Justice of the European Union (“CJEU”) (the European Union’s highest court) declared the fifteen year old EU-US...more

Safe Harbor Invalidated – What’s Next on the Chopping Block?

As I reported earlier today, the Court of Justice of the EU (ECJ) has declared Safe Harbor invalid. The full decision is now available online in English (other languages also available at by searching on...more

EU Top Court’s Safe Harbor Decision Invalidates Safe Harbor and Sends Facebook Case Back to Irish Data Protection Authority

The initial reports of the ECJ’s decision in the Schrems Safe Harbor case (C-362/14) indicate that the Court of Justice of the EU has declared Safe Harbor invalid and sent the case back to the Irish Data Protection Authority...more

Data Protection: EU-US Safe Harbor declared invalid by EU court

In our recent update, we reported that the Advocate General (“AG”) to the Court of Justice of the European Union (“CJEU”), the highest court in the EU, gave an opinion that “safe harbor” should be declared invalid and that...more

Is the Safe Harbor Framework Still Safe?

On October 6, 2015, the European Court of Justice (ECJ) will issue its decision in Schrems v. Data Protection Commissioner, Case C-362/14, which may invalidate the U.S.-EU Safe Harbor Framework. The Safe Harbor Framework...more

Safe Harbor Judgment to be Delivered October 6th!

Following up on our last post from last week, the Court of Justice of the European Union (CJEU), moving at almost breakneck speed, has announced that it will be deciding the legal status of the US-EU Safe Harbor Framework on...more

Cacophony in the E.U. About National Data Retention Laws

The European Commission made it clear on September 16, 2015, that the issue of whether to introduce national data retention laws is a national decision. The European Commission has no intention of going back on this statement...more

Back to School: A Primer on Cross-Border Discovery Issues

In September, the Sedona Conference released its latest publication on e-discovery matters, Practical In-House Approaches for Cross-Border Discovery & Data Protection, for public comment. The publication addresses a number of...more

EU endorsement of Safe Harbor will be decided on October 6

Last week, (September 23, 2015), Advocate General Yves Bot (AG), an adviser to Europe’s highest court, issued a nonbinding opinion that the agreement between the EU and the U.S. for data transfers from the EU to the U.S....more

U.S., China Announce Cybersecurity Agreement During Xi Jiping’s Visit

Chinese President Xi Jinping made his first state visit to the United States last week, and his itinerary included meetings with U.S. technology company leaders as well as President Barack Obama. Not surprisingly, his hosts...more

European Union Advocate General Calls For High Court to Rule U.S.-EU Data Sharing Program Invalid

In an opinion that has the potential to seriously disrupt how U.S. companies can share data from Europe, on September 23, Advocate General (AG) Yves Bot of the Court of Justice of the European Union (CJEU) declared that the...more

Privacy & Cybersecurity Update - September 2015

Adviser to European Court of Justice Says US-EU Safe Harbor Should Be Declared Invalid - An advisory opinion issued by the advocate general to the European Court of Justice states that the U.S.-EU Safe Harbor should be...more

Google and the Right to be Forgotten: The French Data Protection Authority Takes the Matter Further

On June 12, 2015 the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL) issued a notice ordering Google to draw all the consequences of the CJEU May 13, 2014 ruling and to apply...more

The New Russian Data Protection Law: Five Important Things To Know

Early in July 2014, the Russian Federal Act on Data Protection was amended to require that personal data of Russian citizens be first processed and stored on servers located within the territory of Russia. Initially, the...more

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