Binding Corporate Rules

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A Tale of Shields & Swords or Are Data Transfers between the EU and the US legal once again?

The world changed on October 6, 2015; well, at least the world of data transfer between the European Union and the U.S. On that day, the European Court of Justice issued its “Schrems” judgment (case C-362/14) declaring the...more

How to Prepare for the General Data Protection Regulation (GDPR)

The EU General Data Protection Regulation (the “GDPR”) was adopted by the EU Parliament last April 14, 2016. The GDPR will replace the EU Data Protection Directive (95/46/EC), which was implemented more than 20 years ago....more

Privacy Shield Rejected, GDPR Approved - What This Means to Automotive Organizations

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last month, stating that although the Privacy Shield was a “great step...more

Update on the U.S.- EU Privacy Shield

As we previously reported, this February, United States (U.S.) and European Union (EU) negotiators announced the “U.S.-EU Privacy Shield” as a replacement to the U.S. Safe Harbor. Many U.S. companies relied on the Safe Harbor...more

A Month in UK Employment Law - April 2016

News & Legislation Update - Gender Pay Gap Reporting Draft Regulations published - The first draft of regulations requiring any employer in the UK with at least 250 employees to publish information about the...more

The Data Protection Directive Is Dead! Long Live the General Data Protection Regulation!

After four years of protracted discussions and negotiations, the General Data Protection Regulation (the “GDPR”) gained final approval from the European Parliament 14 April. It will enter into force 20 days after publication...more

Privacy Shield – Rejected. GDPR – Accepted: What This Means to Your Organization and What You Should Consider Doing Now

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last week, stating that although the Privacy Shield was a “great step...more

Article 29 Working Party Criticizes Privacy Shield

On April 13, 2016, the Article 29 Working Party, which is a group composed of representatives of the national data protection authorities in Europe (“WP29”), published its opinion (“Opinion”) on the EU–U.S. Privacy Shield....more

Article 29 Working Party Expresses Concerns About EU-US Privacy Shield

European Commission may need to revise the draft proposal to meet the concerns expressed by the Article 29 Working Party. As we reported in a previous LawFlash (European Commission Releases Details of New EU-US Privacy...more

Article 29 Working Party Calls for Improvements to the EU-U.S. Privacy Shield

On April 13, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued its opinion on the new EU-U.S. Privacy Shield.1 The WP29 acknowledged that progress has been made with...more

To Join or Not to Join: Is the EU-U.S. Privacy Shield Right for You?

With the Article 29 Working Party’s position on the adequacy of the EU-U.S. Privacy Shield framework agreement (Privacy Shield) decision expected this week, U.S. businesses should be evaluating privacy options and preparing...more

The Basics of International Privacy Law for Commercial Litigators, Part 1: the EU

Let’s say an American commercial litigator is working to defend a multinational client that has been sued in the U.S. The litigator may realize that he or she needs to collect emails or other documents from the client’s...more

EU-U.S. Privacy Shield Agreement Released

On February 29, 2016, the European Commission (“EC”) and the U.S. Department of Commerce (“Commerce”) released the long-awaited text of the European Union (“EU”) – United States (“U.S.”) Privacy Shield, an...more

EU-U.S. Privacy Shield Details Released – Is the New Data Transfer Arrangement Right for Your Company?

On February 29 the European Commission released its Draft Adequacy Decision and supplemental documents on the EU-U.S. Privacy Shield (“Privacy Shield”), giving businesses that transfer data from the European Union to the...more

European Commission Releases Details of New EU-US Privacy Shield

The new EU-US Privacy Shield seeks to address the European Court of Justice’s criticisms in Schrems after the decision invalidated the Safe Harbor program for EU-US data transfers. On February 29, the EU Commission...more

European Commission Debuts EU-U.S. Privacy Shield

In a development eagerly anticipated by businesses on both sides of the Atlantic, the European Commission has published the legal instruments needed to put in place the “EU-U.S. Privacy Shield” for transfers of personal data...more

US Commerce Department, EC release Privacy Shield details; EC releases Adequacy Decision on Shield's protections

On February 29, 2016, the Department of Commerce and European Commission released the details of the new US-EU Privacy Shield program, intended to replace the now defunct US-EU Safe Harbor program. According to the materials...more

EU Commission Publishes EU-U.S. Privacy Shield

On February 29, 2016, the European Commission (EU Commission) unveiled the text of the EU-U.S. Privacy Shield (Privacy Shield). The Privacy Shield is designed to replace the invalidated EU-U.S. Safe Harbor Framework and to...more

The CNIL sets expectations as to the ‘EU-U.S. Privacy Shield’ and starts implementing enforcement measures in case of Safe Harbor...

Further to the EU Commission press release on the “EU-U.S. Privacy Shield” and the Article 29 Working Party (WP29) statement illustrating that more discussions on the new arrangement are to come, the French CNIL (a) issued a...more

EU-US Privacy Shield: European Union and U.S. Reach Agreement in Principle for New Data Transfer Framework – But Uncertainty...

On February 2, 2016, the European Commission (EC) and the U.S. Department of Commerce (Commerce) announced that they had reached agreement on a new data transfer safe harbor arrangement for the transfer of personal data from...more

By jointly tackling Facebook, French regulators set an example to large international digital media companies – First prominent...

On February 8 and 9, 2016, the French Directorate-General for Competition, Consumer Affairs and Prevention of Fraud (the ‘DGCCRF’) and the French Data Protection Authority (the ‘CNIL’), through an obviously concerted action,...more

EU-US Privacy Shield May Provide Guidance for Transatlantic Data Transfers

The decision of the Court of Justice of the European Union (CJEU) to invalidate Safe Harbor in October 2015 sent shockwaves throughout the international business community. Safe Harbor was a certification mechanism that...more

How Employers Can Prepare for the Privacy Shield

As negotiators for the US Department of Commerce (“DOC”), Federal Trade Commission (“FTC”), and the European Commission move towards an agreement intended to allow continued US-EU data transfers, a closer look at the history...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

How to Obtain EU Binding Corporate Rules (BCR) Approval

The following provides background concerning the approved Binding Corporate Rules ("BCR") procedure. BCRs are in-kind privacy rules and standards that allow multinational groups of companies to transfer personal data within...more

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