International Trade Privacy

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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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

Cybersecurity and international data transfer

In 2016, cybersecurity will dominate the agenda of the C-Suite. However, that will not be the only data governance concern for organizations. Re-tooling how organizations move data internationally will also be a major...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

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

The WSGR Data Advisor - February 2016

With a new year come exciting new developments in the world of privacy and data protection. We are thrilled to announce the launch of the digital version of The WSGR Data Advisor. Please visit our site for the latest news and...more

Privacy Shield: The New Transatlantic Agreement and How it May Impact Your Company

Last Tuesday, February 2, 2016, the European Commission announced that it approved the EU-U.S. Privacy Shield (“Privacy Shield”), an agreement with the U.S. Department of Commerce establishing a new framework for...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

A Glimmer of Light at the End of the Tunnel: EU-U.S. Privacy Shield Framework Announced

On October 6, 2015, the European Court of Justice (CJEU) invalidated the Safe Harbor framework between the United States and the European Union, putting at risk the legality of trans-Atlantic data transfers. Businesses and...more

The New E.U.-U.S. Privacy Shield: What You Need To Know

The European Union (E.U.) College of Commissioners has approved an agreement between the E.U. and the United States regarding the transatlantic data flow of E.U. citizens' personal information. Referred to as the E.U.-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

EU and US Announce New Privacy Shield for International Data Transfers

On Tuesday 2 February 2016, the EU Commission and US Department of Commence announced that they had reached "political agreement" on a new privacy framework for transfers of personal data between Europe and the United States....more

Enforcement Action Possible Against Those Who Rely on Safe Harbor to Transfer Information from the EU to the United States

Wednesday, February 3, brought additional developments pertaining to the transfer of personal data from the EU to the U.S. consistent with EU privacy law. Just one day prior, we reported on the announcement by the EU and U.S....more

Agreement Reached on EU-U.S. Privacy Shield, Replacing Former Safe Harbor

On February 2, 2016, the European Commission, the executive body of the European Union (“EU”), and the United States announced an agreement on a new alternative, called the “Privacy Shield,” to replace the former “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

EU-US Data Transfer Framework Agreement Announced – Called EU-US Privacy Shield

On Tuesday, February 2, the European Commission and the United States announced a political agreement on a framework for transatlantic data flows called the EU-US Privacy Shield. Currently the announcement appears to be...more

New Safe Harbor Still Hangs in the Balance

The European Union Court of Justice’s invalidation of the EU-USA Safe Harbor for data transfers between the two continents remains subject to question at the end of this week after the European Commission blew its January 31...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

Agreement on Safe Harbor Replacement, the New EU-U.S. Privacy Shield: Considerations for HR Departments

Our winter 2016 edition of the Employment Law Briefing Newsletter discussed the implications of the Court of Justice of the European Union’s (CJEU’s) decision to invalidate the Safe Harbor framework. Concern about the lack of...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

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