News & Analysis as of

EU Data Protection Laws Data Privacy

Irish High Court Asks European Court to Rule on Legality of EU-US Data Transfers

by Reed Smith on

On 3 October 2017, the Irish High Court held that it is up to the European Court of Justice (“ECJ”) to determine whether Standard Contractual Clauses (“SCCs”) are a valid method of transferring personal data outside of the EU...more

Five Questions for Investors in Insurtech

Decisions you make when founding and/or investing in an insurtech venture can dictate your regulatory obligations, tax liability, operational structure and, ultimately, profitability. Here are five seemingly simple...more

French Data Protection Authority Approves Implementation of Biometric Authentication Tools in Banking Sector

by Jones Day on

On May 29, 2017, the French Data Protection Authority (Commission Nationale Informatique et Libertés, or "CNIL") announced that it had authorized nine banking institutions to implement, on an experimental basis,...more

Will September assessment scuttle EU-US Privacy Shield?

by Thompson Coburn LLP on

Ever since being finalized in July of 2016, the EU-US Privacy Shield has faced considerable criticism. Crafted to replace the long-standing EU-US Safe Harbor that was struck down the previous year, the EU-US Privacy Shield...more

Do You Know Where Your Data Is Located? Why Knowing is Half the Battle

by Jaburg Wilk on

Whether you realize it or not, you are probably storing some personal or business data in the cloud. The National Institute of Standards and Technology (NIST) defines cloud computing as a model for enabling ubiquitous,...more

Six Months In, Privacy Shield Is Battered But Holding: Three Notable Developments in U.S-E.U. Data Transfers

by Poyner Spruill LLP on

The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more

Further Challenges to EU-US Privacy Shield and EU Data Exports

by White & Case LLP on

The EU-US Privacy Shield, introduced earlier this year to provide a lawful means of transferring personal data from the EU to the US, is facing a second legal challenge, this time from several French privacy rights groups....more

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law...more

First EU-wide cybersecurity regime set to enter force in August 2016 after final approval by European Parliament

by King & Spalding on

The European Parliament gave final approval to the Network and Information Security Directive (“Directive”), the first-ever EU-wide cybersecurity standards, on July 6, 2016. The Directive seeks to improve the cybersecurity...more

IP Addresses as Personal Data – Website Providers To Come Under Even More Scrutiny With EU Data Privacy Law

by Orrick - Trust Anchor on

Website providers that collect dynamic Internet Protocol addresses (“IP address”) from website visitors may soon be subject to even more scrutiny from data protection authorities in the EU. Last week, Europe’s Advocate...more

Two Years to Get Ready – GDPR Adopted

by Orrick - Trust Anchor on

After 4 years of negotiation, today the European Parliament adopted the General Data Protection Regulation (“GDPR“). In doing so, it signaled the end of the EU approval process and put businesses on alert that they now have...more

Google to Honor EU Privacy Requests Globally

by Taylor English Duma LLP on

In a huge concession, Google has agreed to apply globally the "right to be forgotten" take-down requests of EU residents. Officially, Google says the 2014 EU privacy requirement should apply only to EU-directed services such...more

"Emerging Trends in Privacy and Cybersecurity"

Entering 2016, the relentless stream of cyberattacks continues unabated, having become a "business as usual" reality to which companies must adapt. All companies, regardless of size or industry, are potential targets, and the...more

Alert: Welcome Progress on EU Data Protection Regulations

by Cooley LLP on

After nearly four years of waiting and constantly moving deadlines, the European Parliament has finally agreed on the text of the new General Data Protection Regulation (GDPR). What's the big deal? It has been 25...more

Final Negotiations on European Data Protection Regulation

by Latham & Watkins LLP on

Almost four years after the European Commission introduced their draft for a new European Data Protection Regulation, negotiators of the European Parliament and Council are close to agreeing on a compromise text, set for...more

Agreement “In Principle” On New US-EU Safe Harbor Pact

by King & Spalding on

The European Union announced on October 26, 2015, that it had reached an agreement “in principle” with the United States on a new transatlantic data-sharing pact—though a final agreement between the parties is likely still...more

Round-up of Safe Harbor guidance issued by EU Data Protection Authorities

by Reed Smith on

October has been a busy month for Data Protection Authorities in the EU. Following the Court of Justice of the European Union’s judgment in Maximillian Schrems v Data Protection Commissioner (C-362-14) on 6 October,...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

EU Round-UP: Safe Harbor 2.0 and Upcoming National Challenges

EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a...more

European Union and United States Agree in Principle on New Safe Harbor Framework

by Goodwin on

On Monday, October 26, European Union Justice Commissioner Vera Jourová delivered a speech before the European Parliament in which she noted that the European Union and the United States had agreed “in principle” on a new...more

German DPAs Announce Policy Severely Limiting Mechanisms for Lawful Germany-to-U.S. Data Transfers

Over the course of the coming weeks, we will examine the various options available to companies in light of the European Court of Justice’s (CJEU) decision invalidating the US-EU Safe Harbor framework, including model...more

Advertising Law - October 2015 #3

With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more

Safe Harbor Update: House Votes to Pass Judicial Redress Act

by McDermott Will & Emery on

The Judicial Redress Act of 2015 (H.R. 1428) (Judicial Redress Act) is on its way to the U.S. Senate. On October 20th, the U.S. House of Representatives voted in favor of passage. The Judicial Redress Act extends...more

More Dominos Fall on the Data Protection Table

As all of our readers know by now, as of October 6, the US-EU Safe Harbor Framework is no more. Safe Harbor was the mechanism on which thousands of US companies (and thousands of companies based in the European Union)...more

U.S. Congress passes the Judicial Redress Act, but does it provide effective redress?

by Reed Smith on

In an uncharacteristically swift move, the United States Congress passed the Judicial Redress Act (“Act”) on 20 October 2015. The Act proposes to extend safeguards implemented under the Privacy Act 1974, and, if brought into...more

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