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New guidance from the Polish DPA: a warning for all Safe Habor (ex)participants

The Polish DPA has recently issued a statement to the effect that all companies which previously relied on Safe Harbor program must be able to demonstrate a valid legal basis – as set out in the Polish Data Protection Act –...more

An Austrian Class Action Lawsuit Filed Against Facebook

Through its Irish subsidiary, Facebook is the target of a major EU class action lawsuit filed in Austria by Maximillian Schrems, the law student who brought forward the CJEU case C-362/14 that invalidated the EU – US Safe...more

The French CNIL officially requires the use of EU Model Clauses as a quick fix for businesses impacted by the recent Safe Harbor...

On 19 November, the Commission nationale de l’informatique et des libertés (CNIL) published an article entitled ‘Safe Harbor: What should businesses do?’ and associated FAQs aimed at businesses impacted by the Court of...more

New data protection regulation to impact cloud providers

The GDPR (General Data Protection Regulation) outlines a series of amendments to the data protection and data privacy requirements applicable to all companies with European customers, regardless of where the company’s...more

Spain issues deadline for implementing alternative Safe-Harbor mechanisms

Spain’s Data Protection Authority, the Agencia Española de Proteccion de Datós (‘AEPD’), has issued a deadline of 29 January 2016, for the implementation of alternative mechanisms to Safe Harbor....more

Privacy & Cybersecurity Update - November 2015

Consumer Electronics Association Releases Best Practices For Privacy and Security of Personal Wellness Data - In late October 2015, the Consumer Electronics Association released guiding principles governing the...more

What Can We Expect From The EU General Data Protection Regulation?

After over three years of discussions at many levels, it is now clear that the proposed EU data protection framework will be revised, and that it will be in the form of a Regulation – the General Data Protection Regulation....more

How invalidation of EU-U.S. Safe Harbor framework may affect U.S. companies

It’s very unusual for a decision of a foreign court on a technical subject such as data transfer to make headlines in the United States, but an October ruling by the Court of Justice of the European Union, Europe’s highest...more

Guidance on EU-US Data Flow Delayed by New Terrorist Threats in Brussels

On November 25, 2015, the Article 29 Working Party (the advisory body on data protection and privacy composed of representatives from the national data protection authorities of all EU Member States) was to meet in Brussels...more

EU Commission Communication Attempts to Address Uncertainty Surrounding Transfer of Personal Data Following Schrems

On November 6, 2015, The EU Commission published a communication addressed to the European Parliament and the EU Council in an attempt to reduce current legal uncertainties surrounding the transfer of personal data from...more

Life After Death (of Safe Harbor) – EU Data Protection in the Wake of Schrems

One month after the landmark decision in Schrems vs. Data Protection Commissioner (C-365/14), the European Commission (Commission) has issued guidelines, in the form of a Communication, regarding the transfer of personal data...more

International data transfer news… a bit like buses

You know how you wait for ages for a bus to come (well, we do in Europe) and then three come along at once? Well it’s a little like that in the data privacy arena right now, as far as transfer of international personal data...more

EU data transfer update

On November 6, 2016, the EU Commission released its guidance for businesses relating to the EU safe harbor. The Commission indicated that since the invalidation of the safe harbor framework, it has “stepped up” talks...more

The European Commission Issues Guidance On Transatlantic Data Transfers

On November 6, 2015, the European Commission (“EC”) released guidance on transatlantic data transfers in light of the ruling by the European Court of Justice (“ECJ”) last month invalidating the Safe Harbor framework that had...more

U.S.-EU Safe Harbor Scheme Declared Invalid

The Court of Justice of the European Union (the “CJEU”), Europe’s highest court, declared last month that the U.S.-EU Safe Harbor Scheme is invalid. The CJEU also declared that national supervisory authorities are free to...more

Weltimmo v Hungarian DPA: Landmark Verdict on the Meaning of “Established”

In the case of Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság, the Court of Justice of the European Union (“CJEU”) handed down a landmark judgment in October 2015 on data protection legislation, tackling...more

Dangerous Waters in the Safe Harbor: The EU-U.S. Safe Harbor for Data Transfer is Safe No More

On October 6, 2015, the European Court of Justice (ECJ), abolished the 15 year old Safe Harbor agreement between the EU and the U.S. Over 5,000 businesses have relied on the Safe Harbor to receive personal data from EU member...more

EU Commission to Update Decisions Authorising Personal Data Transfers to Certain Countries Outside the EU

Last Friday (6 November 2015) the EU Commission issued a communication on the transfer of personal data from the EU to the US under the Data Protection Directive following the judgment by the Court of Justice in the Schrems...more

U.S.-EU Safe Harbor Framework for Data Sharing

Exactly one month after the Court of Justice of the European Union (CJEU) released its judgment in Maximillian Schrems v Data Protection Commissioner (C-362-14), the European Union released a Communication discussing the...more

Safe Harbor Not Binding! European Court of Justice Bares Its Teeth

In its decision on October 6, 2015 (file-no. C-362/14), the European Court of Justice (ECJ) stated that the commonly used Safe Harbor Principles, which were previously deemed to be a safe way to legally transfer data to the...more

The EU-U.S. Safe Harbor Decision: Implications for the Asset Management Industry

In our recent OnPoint, we reported that the Court of Justice of the European Union (CJEU) declared that the “Safe Harbor,” upon which many companies in the EU and U.S. relied to share data both within and outside of their...more

Facebook Sentenced to a Daily Fine of 250,000 Euros by a Belgian Court

Once again, Facebook is in the spotlight. On November 9, following the Recommendation 04/2015 of May 13, 2015, issued by the Belgian Data Protection Authority (Belgian DPA) that we mentioned in a previous blog post, a Belgian...more

European Commission Releases Communication on Schrems and Safe Harbor 2.0

On November 6, 2015, the European Commission released a widely-anticipatedCommunication assessing the impact of the judgment of the European Court of Justice (“ECJ”) in the Schrems case (C-362/14), which invalidated the...more

Lawful Cross-Border Transfers of Employees' Personal Data: EU Commission's Communication on the Invalidation of Safe Harbor 1.0...

In the wake of last month's landmark decision by the European Court of Justice (ECJ) invalidating the U.S.-European Union (EU) Safe Harbor framework, hundreds of U.S. multinationals, no longer able to rely on the Safe Harbor...more

Safe Harbor update: European Commission issues communication following Safe Harbor invalidation – Safe Harbor 2.0 in three months?...

On 6 November, the European Commission released a Communication on the implications of the Court of Justice of the European Union’s (CJEU) decision in Maximillian Schrems v Data Protection Commissioner (Case C-362/14)....more

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