Data Protection Authority

News & Analysis as of

Receiving Data from Europe: The EU-US Privacy Shield

The European Union ("EU") recently announced that the new EU-US Privacy Shield Agreement ("Privacy Shield") is adequate to meet EU data privacy requirements and allow for the transfer of personal data from the EU to the US in...more

German DPA Plans to Challenge Privacy Shield

The Privacy Shield is now live, having gone into effect on August 1. Perhaps emboldened by the Article 29 Working Party’s late July announcement that European regulators will not challenge the program’s adequacy for at least...more

European Restrictions on Computer Profiling

On May 25, 2018, the EU General Data Protection Regulation (GDPR) will come into effect requiring companies that process personally identifiable information of EU residents to comply with a significant number of enhanced...more

The EU’s Data Transfer “Privacy Shield”—Full Body Armor or a Candle in the Wind?

With the August 1st start of the Privacy Shield, the European Commission’s new and long-awaited transatlantic data transfer agreement with the U.S., businesses that had previously relied on the invalidated Safe Harbor scheme...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

Employment Law Briefing

Brexit — Keep Calm and Carry On - The Brexit referendum elicited strong feelings amongst “Leavers” and “Remainers”, and will likely continue to do so. In the UK it is generally not as common for co-workers to discuss...more

EU-US Privacy Shield Framework Formally Adopted

On July 12, 2016, the European Commission formally adopted the Privacy Shield, a new transatlantic framework for the transfer of personal data from the European Union (EU) and certain countries of the European Economic Area...more

Locke Lord Article: EU-U.S. Privacy Shield Now Available: What impact will it have on personal data transfers?

Beginning on August 1, 2016, U.S. companies have a new way to legally facilitate the transfer of personal data from the European Union to the U.S. Known as the EU-U.S. Privacy Shield, this new agreement between the EU and the...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

Department of Commerce Now Accepting Privacy Shield Self-Certifications: A Primer for Compliance and Self-Certification

The Privacy Shield framework is a voluntary program that provides companies with a mechanism for complying with EU data protection requirements when transferring personal data from the EU to the US. The framework is open to...more

This Week in Privacy Shield Developments

It’s been another exciting week of developments for U.S. companies on the EU data transfer front. From the first company to indicate that it will certify under Privacy Shield, to the first European Data Protection Authority...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 20:...

ad hoc clauses means a set of clauses for Cross-Border Data Transfers, which require prior approval by a DPA (see Chapter 13)....more

An Overview of the New General Data Protection Regulation

The European Parliament has approved the reformed General Data Protection Regulation (the “GDPR”). Given this is a Regulation (rather than a Directive), this legislation will apply automatically in every Member State (without...more

Is Your Business Ready to Wield the Privacy Shield?

Beginning August 1, U.S.-based companies that self-certify their compliance with the EU-U.S. Privacy Shield will be able to import data under the new data transfer framework. But how can your company best...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 19:...

Why does this topic matter to organisations? This topic covers the transitional period between the publication of the GDPR (on 4 May 2016) and the GDPR Effective Date (i.e., 25 May 2018). This represents a limited,...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 18:...

Why does this topic matter to organisations? From the GDPR Effective Date, the GDPR will be the main instrument governing EU data protection law across all Member States. The Directive, which is almost 20 years old, will...more

If Your Company Receives EU Citizens’ Personal Data, Privacy Shield Self-Certification Is Now Open – And the Clock is Ticking on...

If your company transfers the personal information of European Union citizens to the United States, you likely have kept a close eye on the evolution of EU privacy law since a European court invalidated the former EU-U.S....more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 17: Issues...

Why does this topic matter to organisations? Although a key aim of the GDPR is to harmonise data protection law across the EU, there are a number of areas in which the GDPR leaves it to Member States to adopt their own...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 16:...

Why does this topic matter to organisations? Whereas the remedies and sanctions available to DPAs under the Directive are comparatively low (generally subject to a maximum of less than €1 million per infringement, with...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 15:...

Why does this topic matter to organisations? Under the Directive, organisations are obliged to deal with a separate DPA for each Member State whose laws apply to them. This has meant that businesses faced a range of...more

It’s Time. Pick up the Shield.

When the new EU-US Privacy Shield was adopted all the way back on the 12th of July, we were quoted in the media discussing the fact that formal legal challenges to it were inevitable. By the time the dust settled enough to...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 14: Data...

Why does this topic matter to organisations? National Data Protection Authorities ("DPAs") are appointed to implement and enforce data protection law, and to offer guidance. As set out in Chapter 16, DPAs have...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 13:...

Why does this topic matter to organisations? In today's world, it is increasingly important to be able to move data freely to wherever those data are needed. However, the transfer of personal data to recipients outside...more

“Battle-ready” Privacy Shield gets muted welcome from EU data protection authorities

On 26 July, the Article 29 Data Protection Working Party (WP29) released a statement outlining its opinion on the EU-U.S. Privacy Shield, which was adopted by the European Commission earlier this month. After praising the...more

The Dispute Resolution Mechanisms Under the Privacy Shield: What Happens if I Join Privacy Shield and Someone Submits a Complaint?...

The first installment in our month-long series dissecting the new “Privacy Shield” framework for transferring data from the EU to the United States discussed the history and implementation of the Privacy Shield. The second,...more

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