European Union Data Protection

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
News & Analysis as of

How Can Yahoo E-Mail Scanning Impact the EU-U.S. Privacy Shield?

Reuters reported earlier this month that, according to three former employees, Yahoo Inc. had “complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo mail accounts at the behest of the NSA...more


Following the UK Brexit referendum businesses will now find themselves assessing their future. Below is a checklist designed to raise some important questions that should be considered in order to assess potential risks and...more

Small Companies and Those Not Certified Under the Safe Harbor Face Hidden Costs in the EU/US Privacy Shield Certification Process

The Privacy Shield in a nutshell. The Privacy Shield permits U.S. businesses to process and control the personal data of individuals, aka data subjects, located in the European Union (EU). Without the Privacy Shield,...more

In the age of Big Data, the EDPS issues an Opinion on enforcement and upholding fundamental rights

The European Data Protection Supervisor (“EDPS”) issued an Opinion on coherent enforcement of fundamental rights in the age of big data”. This is an update to the EDPS’ Preliminary Opinion in 2014 on “Privacy and...more

Cybersecurity Q&A: What Canadian Companies Need to Know about the EU’s New Data Protection Law

It is trite to point out that information crosses national borders today at an unprecedented rate and with very few barriers. A consequence of this unconstrained international flow of information is that domestic data...more

The New European Union-U.S. Data Privacy Shield…Is It Right for You?

U.S. companies with transatlantic operations should carefully balance the need to transfer personal data about European customers and employees from Europe to the U.S. in light of the increased burdens and cost of compliance...more

UK 'must avoid data protection Brexit'

According to the UK's new information commissioner, Elizabeth Denham, who was interviewed by the BBC, the UK “should adopt forthcoming EU data protection laws, despite its plan to leave the Union”. The new EU data...more

Business Litigation Report - September 2016

Second Circuit Rejects Massive Class Action Settlement and Affirms Importance of Adequate Representation and Due Process Rights for Absent Class Members - The Second Circuit Court of Appeals recently considered whether...more

Does Brexit mean Brexit for data protection in the UK?

Three months on from the landmark Brexit vote 23 June, the Information Commissioner’s Office is setting out its position regarding data protection laws in a post-Brexit UK. Elizabeth Denham, the new Information Commissioner,...more

"Privacy & Cybersecurity Update - September 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more

Start Hiring: 28,000 Data Protection Officers Needed by 2018

A study by the International Association of Privacy Professionals has found that 28,000 data protection officers (DPO) will be needed in the next two years for companies to comply with the EU’s new General Data Protection...more

The Big Think: Cybersecurity – The Threat From Within

Welcome to The Big Think – the thought leadership series from Allen & Overy’s global Employment practice. Its mission is to think big, think forward and think without boundaries. Members of our international team put...more

Which U.S. Businesses Must Comply with EU Data Protection Laws?

What the recent Amazon decision tells us - On 28 July 2016, the European Court of Justice rendered a decision in a dispute between an Austrian Consumer Protection organization known as VKI (Verein für...more

International News: Focus on International M&A

The Impact of The EU General Data Protection Regulation - The EU General Data Protection Regulation 2016/679 (GDPR) was published in the Official Journal of the European Union on 4 May 2016 following the compromise...more

The Privacy Shield: September 30, 2016, Deadline for Early Self-Certification Offers Compliance Opportunity and Risk

The European Commission recently determined that the Privacy Shield Framework is adequate to legitimize data transfers under EU law, providing a replacement for the Safe Harbor program. The Privacy Shield is designed to...more

German DPAs to Create Model Processing Records for GDPR Compliance

On May 25, 2018, the EU General Data Protection Regulation (GDPR) enters into force. One of the major changes the GDPR introduces is a duty for in-scope controllers and processors to maintain written records of processing...more

Richard Hsu Interviews Jack Yang, Chief Privacy Officer at Visa [Video]

Partner Richard Hsu, a CIPP/US, CIPM and CIPT Certified Privacy Professional, Global Head of the Intellectual Property Transactions Group and Co-Head of the Privacy & Data Protection practice, interviews the trailblazers of...more

German DPAs Will Not Be Able to Challenge Privacy Shield This Year

Even before the ECJ’s Schrems decision invalidated Safe Harbor, the European Commission had begun working closely with US negotiators to craft what has become the U.S.-EU Privacy Shield. While EU privacy leaders have noted...more

Impact of the European General Data Protection Regulation (GDPR) on Adequacy and 5 Tips to Weather the Changes

Recent media coverage has brought to light the internal deliberations of the Government of Canada regarding the possible impact of the entry into force in 2018 of the GDPR on Canada’s adequacy status to receive personal data...more

EU-U.S. Privacy Shield: Companies Can Now Certify

As of, August 1st, 2016, U.S. companies can now join the Safe Harbor successor EU-U.S. Privacy Shield (the “Privacy Shield”) for personal data transfers from the EU to the U.S. This post gives a high level summary of...more

Cybersecurity in life sciences: what is your duty of care?

Cybersecurity continues to be headline-grabbing news, particularly following recent reports of high-profile cyber attacks on a number of major well-known corporations. Conscious of their fiduciary duties, boardrooms of global...more

Brexit: Data protection issues for consideration

Three points you need to know - - Brexit does not have any immediate effect on UK data protection law. All the usual duties and compliance risks continue to apply...more

IT, Commercial and Outsourcing Contracts: Brexit Top 10

According to Theresa May, the UK’s recently installed prime minister, Brexit means Brexit. But what this actually means in practice is still unknown. There is still a huge amount of debate over what Brexit will look like,...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 6: Data...

Why does this topic matter to organisations? The Data Protection Principles provide the conditions on which an organisation is permitted to process personal data. If an organisation cannot satisfy the Data Protection...more

Brexit: Preparing for the Unknown — Practical steps

The UK’s new Prime Minister Theresa May has said: “The country voted to leave the European Union, and as prime minister I will make sure that we leave the European Union.” That seems like a clear statement, but the...more

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