Data Protection European Commission

News & Analysis as of

EU Releases Amendments to Model Clause and Country-Whitelisting Decisions – with Good News for Companies

Most privacy professionals are familiar with the European Court of Justice’s 2015 Schrems decision, which struck down the US-EU Safe Harbor mechanism. One lesser-discussed aspect of the ECJ’s decision related to the powers...more

United Kingdom to Implement EU General Data Protection Regulation

UK Secretary of State Karen Bradley recently confirmed that the United Kingdom will implement the European Union’s General Data Protection Regulation (GDPR), the regulation by which the European Commission intends to...more

Privacy Rights Group Files First Legal Challenge to EU-U.S. Privacy Shield

Digital Rights Ireland, an Irish privacy advocacy group, has filed the first legal challenge to the EU-U.S. Privacy Shield, the Trans-Atlantic agreement reached earlier this year to permit the lawful transfer of personal data...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 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

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

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