Data Protection European Commission

News & Analysis as of

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

Privacy Shield is Finally Official

The EU Commission has formally adopted Privacy Shield and the US Department of Commerce will go live with a new Privacy Shield registration website on August 1. US companies that had been registered under Safe Harbor will...more

EU-U.S. Privacy Shield Approved by EU Member States

Last week,European Commission to grant final approval to the Privacy Shield as a basis for EU-U.S. transfers of personal data. This development follows criticisms of the Privacy Shield this past April from the Article 29...more

Alert: Brexit – Implications for Life Sciences

The result of the UK referendum to leave the European Union came as a surprise to many and it has caused significant disquiet in the world. In this note we aim to address the key concerns of our life sciences clients...more

Brexit Update: The Effect of Brexit on Data Transfers between the United Kingdom and the European Union

In Depth - With the United Kingdom having voted to leave the European Union (Brexit) on 23 June 2016, the free flow of personal data between the United Kingdom and the EU and European Economic Area (EEA) countries is at...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

Art. 29 Working Party Issues Formal Opinion Opposing Privacy Shield

Several hours after holding a closely-watched press conference we reported on yesterday, the Article 29 Working Party (“Art. 29 WP”) released its highly anticipated formal opinion on the adequacy of Privacy Shield. Background...more

Council of European Union and the European Parliament approve General Data Protection Regulation; U.S. Privacy Shield faces...

The General Data Protection Regulation (GDPR) was recently approved by the 28 member states of the Council of European Union. By plenary vote, the European Parliament approved GDPR on April 14. The GDPR will take effect...more

EU-US Privacy Shield may not be up after all

Bad news for companies relying on transatlantic data flows as, once again, the transfer of personal data from Europe to the United States is called into question by the Article 29 Working Party (the “Working Party”), an...more

The Intersection of Big Data and Antitrust Law - Finally a Case in the EU

Only a few weeks ago, EU Competition Commissioner Vestager said in a speech, “We continue to look carefully at this issue, but we haven’t found a competition [antitrust] problem yet”. She was referring to antitrust issues...more

EU-U.S. Privacy Shield Framework Text Published: Imposes New Obligations on U.S. Entities that Seek Data Transfers from the EU

The European Commission (EC) has released details of the EU-U.S. Privacy Shield, a new framework under which personal data may be transferred from the European Union (EU) to the United States. The Privacy Shield replaces the...more

Article: Safe Harbor No More: Navigating Unchartered Waters After the European Court of Justice Ruled the European Commission’s...

Not surprisingly, different governments and regulatory bodies have different views on how to strike the right balance as to the protection of the individual’s right to privacy (especially personal data), the facilitation of...more

EU Commission and United States Agree on New “Privacy Shield” for Trans-Atlantic Data Flow

U.S. and European Commission officials announced on Tuesday that they have reached an agreement in principle on a new EU-U.S. Privacy Shield to permit the flow of data between Europe and the United States. The new deal...more

Encouraging news for cross-border internet retailers (and shoppers) in the EU

The European Commission (the "Commission") has been investigating the European-wide parcel delivery industry for some time. With online retail becoming an increasingly important avenue for both consumers and retailers, the...more

The Digital Download - Privacy & Data Security Monthly Newsletter - January 2016

Senior Counsel Peter Swire to Debate European Privacy Activist Max Schrems. The debate, set to take place on January 26 in Brussels, will highlight key differences between certain European and U.S. attitudes towards U.S....more

EU Announces Agreement on New Cybersecurity Directive

On December 7, the European Parliament and the Luxembourg Presidency of the EU Council of Ministers (Council) announced that they have reached agreement on the text of the proposed new EU Cybersecurity Directive (Directive)....more

European Commissioner Seeks Higher Data Protection under Revised U.S. Safe Harbour

An exchange of views between the European Parliament and Mrs. Vera Jourová, European Commissioner for Justice, Consumers and Gender Equality, revealed ongoing negotiations between the Commission and the U.S. Department of...more

European Court Rules Safe Harbor Invalid

In a case now known as “Schrems,” the Court of Justice of the European Union ruled on October 6, 2015 that the EU-U.S. Safe Harbor program – which has been in place since 2000, allowing U.S. companies complying with the Safe...more

UPDATE: Is Safe Harbor Still Safe? The European Court of Justice Answers with a Resounding “No”

On September 28, 2015, we released a client alert noting that European Commission Decision 2000/520, known as the “Safe Harbor” for U.S. companies handling the private data of EU citizens, was under attack in the advisory...more

Top EU Court’s Ruling Subjects Companies Doing Business Across Europe To “New Sanctions” in Potentially Unfamiliar Jurisdictions

The Court of Justice of the European Union (CJEU) has been very busy in recent weeks re-shaping EU privacy laws. In addition to the much-anticipated decision in “Schrems” (Case C-362/14), which essentially rules the US-EU...more

US-EU Data Privacy Safe Harbor Program Invalidated

On October 6, 2015, the European Court of Justice ("ECJ") invalidated the safe harbor program negotiated between the United States Department of Commerce and the European Commission pursuant to which safe harbor-registered...more

Important Decision On Applicable Data Protection Law

After the controversial Google Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

Privacy, Security, Risk: What You Missed At IAPP Conference

Earlier this month, privacy and security professionals from around the globe gathered for “Privacy. Security. Risk. 2015”—the second joint conference between the International Association of Privacy Professionals and the...more

Study Reveals Privacy Gaps in EU Data Protection Regulation

Data privacy in the European Union is a hot topic at the moment. In addition to the recent ruling regarding the “Safe Harbor Ruling” affecting data transferred between the EU and the US, a study was recently published...more

The U.S.-EU Safe Harbor Framework Is Invalid: Now What?

A confluence of events has tested the strength of the Safe Harbor Framework and for now, it is no longer a port in the storm. Most recently, on October 6, 2015, the Court of Justice of the European Union (CJEU) invalidated...more

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