Data Protection European Commission

News & Analysis as of

Safe Harbor Invalidated – What’s Next on the Chopping Block?

As I reported earlier today, the Court of Justice of the EU (ECJ) has declared Safe Harbor invalid. The full decision is now available online in English (other languages also available at by searching on...more

EU Top Court’s Safe Harbor Decision Invalidates Safe Harbor and Sends Facebook Case Back to Irish Data Protection Authority

The initial reports of the ECJ’s decision in the Schrems Safe Harbor case (C-362/14) indicate that the Court of Justice of the EU has declared Safe Harbor invalid and sent the case back to the Irish Data Protection Authority...more

EU U.S. Data Protection: The Safe Harbor Framework Under Attack

As a reaction to recent disclosures and revelations about the data collection and surveillance by the US government, the Safe Harbor permitting the transfer of personal information from the EU to the US is under attack, and...more

EU–US Safe Harbor About to be Struck Down?

Thousands of U.S. and European companies who rely on the EU–US Safe Harbor Framework to permit the transfer of personal data from the EU to the U.S., have come a step closer to seeing the transfer mechanism struck down....more

The German Perspective: EU and U.S. Data Protection “Umbrella Agreement”

After over four years of negotiations, the European Union and the United States have agreed on a framework data protection agreement on 8 September 2015 (Umbrella Agreement). The Umbrella Agreement covers all personal data...more

Is Safe Harbor Still Safe? U.S. Companies Face Challenges Ahead on the EU Privacy Horizon

Pursuant to European Commission Decision 2000/520, United States–based companies may freely process the personal data of European Union citizens, provided that those companies adhere to the principles and frequently asked...more

EU Court: Advocate General Opinion Finds Commission’s Safe Harbor Decision Invalid

The EU-US Safe Harbor Program, facilitating the exchange of personal data between the EU and the US, has been in the limelight in recent years as it is facing challenges that may shake the very core of its existence. In...more

Schrems v. Irish Data Protection Commissioner: some further thoughts

As the dust begins to settle after the headline-grabbing Advocate General opinion in the Schrems v. Irish Data Protection Commissioner it may be worth considering some of the other potential implications arising from that...more

EU Data Protection Reforms: ICO Critiques Council Draft Regulation Over Consent, Access Rights, EU v. Member State Balance of...

With the EU Data Protection “reform train” rounding what is hopefully the final bend towards the summit of consensus, the UK ICO have published their latest analysis on the Council’s draft EU Data Protection Regulation. The...more

ECJ Advocate General’s Safe Harbor Opinion Points Towards Imminent End of Safe Harbor As We Know It

Does your company rely on Safe Harbor to transfer personal data from Europe to the US? If so, it’s time to think about alternatives to Safe Harbor – and fast....more

European Parliament publishes its proposals for the security of the EU

On 9 July 2015 the European Parliament published its European agenda on security, setting out the current situation of security in the European Union before identifying three key areas upon which efforts should be focused:...more

Telemedicine or just a gadget for fitness addicts? Mobile Health Apps and the law

Mobile health (mHealth) apps are becoming more and more popular. Back in 2013, more than 97,000 health apps were already on the market. According to the European Commission (EC), this figure now amounts to around 100,000...more

Privacy in financial markets, not to be ignored

The Article 29 Working Party published a letter it sent to the European Commission urging it to consider the data protection and privacy issues when adopting the secondary regulations (‘Regulations’) necessary to implement...more

EU close to doing a deal on Safe Harbor

It has been reported today by the Reuters news agency that the European Commission is working with the US on the final details of a commercial data-sharing deal. We believe this will be the updated Safe Harbor regime which...more

EU Data Privacy Update: European Council Approves Agreement to Data Privacy Reform

European regulators took another step forward on the protracted and procedurally involved path to EU-wide data privacy reform earlier this month when the European Council (the organization of the individual member states)...more

A significant milestone in the path towards the adoption of the General Data Protection Regulation

On 15 June 2015, the Ministers of the Council of the European Union (the "Council") agreed upon a global approach to the European Commission's proposal for a Regulation of the European Parliament and of the Council on the...more

EU Data Privacy Updates

A brief rundown of developments in recent weeks in the area of EU data protection law: - EU Data Protection Regulation - On Monday, June 15, the EU Council (comprised, for purposes of data protection reform, of...more

European Commission Publishes Strategy on the Digital Single Market

On 6 May the European Commission released the EU’s Digital Single Market strategy (the ‘DSM Strategy’), with the declared objective to tear down the obstacles to doing business online. The DSM Strategy has been released...more

Privacy Laws in Asia - May 2015

Privacy legislation in Asia has been extremely active in the past few years, and the level of activity and enforcement does not show any signs of slowing down. Eleven jurisdictions in Asia now have comprehensive privacy laws:...more

One Less Carrot for Business:  Council of European Union Limits the “One-Stop Shop” Mechanism in the Draft Data Protection...

The draft Data Protection Regulation doesn’t offer many carrots to business – and a recent announcement by the Council of the European Union takes away one of the biggest carrots, the “One-Stop Shop” mechanism....more

EU Art. 29 Working Party Letter on Health Data and Apps

The EU Article 29 Working Party (“WP29”) has published a letter to the European Commission (“EC”) on the scope of health data in relation to lifestyle and well-being apps, following the EC’s Working Document on mHealth and...more

Retailers Need To Prepare For The New EU Data Protection Regulation

By now, everyone has heard of the draft EU Data Protection Regulation that is expected to replace the current Data Protection Directive, which dates from 1995. The key innovative provisions in the Regulation will...more

Consumer Privacy Rights – Germany To Enable Consumer Protection Organisations To Bring Actions For Privacy Violations

The German federal government has recently approved a bill that might substantially change the way consumer privacy rights are enforced throughout the country....more

The General Data Protection Regulation - Update on the latest developments

Introduction - The European data protection directive is already one of the most stringent data protection laws in the world. Europe is set to have an even more rigorous data protection law with the introduction of the...more

Update from UK Information Commissioner’s Office (ICO)

Will it happen? Well, “if it looks like a duck, swims like a duck and quacks like a duck then its probably a duck”. All the indications are that the Regulation will happen. We have to assume it will. This echoes the...more

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