Data Protection Authority

News & Analysis as of

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

The General Data Protection Regulation: Its Time Has Come

After several years of review and negotiations among various stakeholders, the European Parliament gave the final nod to the EU General Data Protection Regulation ("GDPR"). The GDPR replaces the current EU data protection...more

Brussels Regulatory Brief: April

Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...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

Significant concerns from EU Data Protection Authorities may delay the EU-US Privacy Shield

EU Data Protection Authorities met in Brussels last week to deliver their eagerly anticipated opinion on the proposed EU-US Privacy Shield. They set out significant criticisms of the current proposals, dealing a blow to those...more

Turkey’s New Data Protection Law

Turkey’s new “Law on the Protection of Personal Data” has entered into effect following passage by the Turkish Parliament in late March and official publication last week. The Data Protection Law adopts a broadly European...more

Shielded but Not Covered – Privacy Demands Better Protection

Yesterday, the Article 29 Working Party took action which some found surprising and others predicted. It found the EU-U.S. Privacy Shield did not contain adequate protections and needs further improvement. While...more

Privacy Shield Pierced? Article 29 Working Party Expresses Concern with Agreement

The Article 29 Working Party (The Working Party), which includes representative data protection authorities from each EU member country and the European Data Protection Supervisor, issued a 58-page opinion yesterday that...more

EU Data Protection Authorities: Privacy Shield needs more work

European Data Protection Authorities have announced that, in their view, further work is required to ensure the proposed EU-US Privacy Shield provides sufficient protection to European data transferred to the United...more

More Guidelines on Data Privacy Compliant Use and Monitoring of Internet and Emails in the Workplace in Germany

Recently, the Berlin-Brandenburg Regional Labor Court ruled on the rights of an employer to check browsing history without the employee’s consent. Orrick’s German employment team published a client newsletter about this...more

WP 29 Expresses Concerns About EU-U.S. Privacy Shield

This April 13, the Article 29 Working Party (WP 29, which includes the EU national data protection authorities) expressed its concerns regarding the Privacy Shield during a press conference. The WP 29 will publish its...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

In the Global War for Data Privacy, Germany, France and Norway Launch First Strikes under ‘The Shield’

In the comic book world, one is often either a DC person or a Marvel person. In the data privacy world, one could say the European Court of Justice ruling last fall inspired the switch from DC’s Aquaman’s (Safe) Harbor to...more

Russia's New Personal Data Localization Requirements

Employers in Russia and companies doing business in Russia should be prepared to comply with recently enacted requirements governing storage and processing of the personal data of Russian citizens, which are designed to...more

Final text of the General Data Protection Regulation finally available

On 6 April 2016 the Council of the European Union has finally published what will most likely be the final text of the General Data Protection Regulation (GDPR), now translated in all the official languages of the EU....more

Information Commissioner’s Office issues updated guidance on Direct Marketing

At the end of March, the Information Commissioner’s Office (ICO) issued updated guidance on the law in relation to Direct Marketing. The ICO notes in its accompanying blog post that the law applies “equally to any and all...more

Privacy & Cybersecurity Update - March 2016

In this edition of our Privacy & Cybersecurity Update, we examine the FCC's proposed privacy rules for broadband providers; new developments relating to the Privacy Shield, which was created to replace the U.S.-EU Safe Harbor...more

European Data Protection Supervisor Issues Information Security Risk Management Guidance for E.U. Institutions

The European Data Protection Supervisor (“EDPS”) Giovanni Buttarelli issued a guidance document on data security and risk management for the E.U. institutions (such as the European Parliament, the European Council, and the...more

Timeline for new EU-US data transfer mechanism becomes clearer

The progress of the EU-US Privacy Shield has been uncertain for the last few months. However, recent developments have clarified the situation somewhat, and it appears that a formal Adequacy Decision could be issued by the...more

Privacy Alert: The Privacy Shield, As It Stands Today

Following the invalidation of the US-EU Safe Harbor by the Court of Justice of the European Union in October last year (see From a Safe Harbor to a Privacy Shield), the U.S. Department of Commerce and the EU Commission have...more

What Impact Will the New French Data Processing Standard Have on eDiscovery?

On January 28, the French data protection authority, CNIL, issued Single Authorization Decision No. 46 (AU-46), which governs how certain companies request permission to process personal data for litigation. The French...more

Privacy Shield is on its Way

On March 17, 2016, the Civil Liberties Committee convened to discuss whether the Privacy Shield framework that will replace Safe Harbor provides adequate protection to the data of EU citizens. A number of experts were...more

No consensus on Privacy Shield following debate on adequacy

The EU-US Privacy Shield remains a hotly debated issue. At a meeting at the European Parliament last week, it became evident that significant areas of disagreement remain between the European Commission, the European...more

Privacy Shield Details Have Been Revealed: Here’s What Companies Need to Know

The European Commission has published its draft adequacy decision on the EU-U.S. Privacy Shield, the proposed data transfer framework that would replace the defunct Safe Harbor program. The draft adequacy decision formally...more

France anticipating the GDPR

A bill currently under discussion before the French Parliament should result in tightened sanctions against organizations found to be in breach of data protection law. New sanctions provided under the bill are a reflection of...more

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