EU Data Protection Laws

News & Analysis as of

What Can We Expect From The EU General Data Protection Regulation?

After over three years of discussions at many levels, it is now clear that the proposed EU data protection framework will be revised, and that it will be in the form of a Regulation – the General Data Protection Regulation....more

How invalidation of EU-U.S. Safe Harbor framework may affect U.S. companies

It’s very unusual for a decision of a foreign court on a technical subject such as data transfer to make headlines in the United States, but an October ruling by the Court of Justice of the European Union, Europe’s highest...more

Optical Express appeal highlights the need for caution over third-party marketing lists

In a decision of 31 August 2015, the First-Tier Tribunal provided important clarification on the use of third-party mailing lists. Optical Express v Information Commissioner (EA/2014/0014) is significant for organisations...more

Life After Death (of Safe Harbor) – EU Data Protection in the Wake of Schrems

One month after the landmark decision in Schrems vs. Data Protection Commissioner (C-365/14), the European Commission (Commission) has issued guidelines, in the form of a Communication, regarding the transfer of personal data...more

The WSGR Data Advisor - November 2015

The last two months certainly have been eventful in the world of privacy. In this issue of The WSGR Data Advisor, we examine the Court of Justice of the European Union’s recent and highly significant Schrems decision that...more

Current Status of EU Data Transfers and Recommended Next Steps for Former Safe Harbor Companies

As has been widely publicized, on October 6, 2015, the European Court of Justice (ECJ) issued its much-anticipated decision in Schrems v. Data Protection Commissioner, Case C-362/14 invalidating European Commission’s Decision...more

The European Commission Issues Guidance On Transatlantic Data Transfers

On November 6, 2015, the European Commission (“EC”) released guidance on transatlantic data transfers in light of the ruling by the European Court of Justice (“ECJ”) last month invalidating the Safe Harbor framework that had...more

Dangerous Waters in the Safe Harbor: The EU-U.S. Safe Harbor for Data Transfer is Safe No More

On October 6, 2015, the European Court of Justice (ECJ), abolished the 15 year old Safe Harbor agreement between the EU and the U.S. Over 5,000 businesses have relied on the Safe Harbor to receive personal data from EU member...more

The Schrems Decision: How the End of Safe Harbor Affects Your FCPA Compliance Plan

Like a needle to a balloon, the Schrems decision has drastically altered the data privacy landscape. Who is affected? Everyone – consumers, corporations, employees. But who needs to take action? Any company with offices in...more

Safe Harbor Not Binding! European Court of Justice Bares Its Teeth

In its decision on October 6, 2015 (file-no. C-362/14), the European Court of Justice (ECJ) stated that the commonly used Safe Harbor Principles, which were previously deemed to be a safe way to legally transfer data to the...more

The EU-U.S. Safe Harbor Decision: Implications for the Asset Management Industry

In our recent OnPoint, we reported that the Court of Justice of the European Union (CJEU) declared that the “Safe Harbor,” upon which many companies in the EU and U.S. relied to share data both within and outside of their...more

European Commission Releases Communication on Schrems and Safe Harbor 2.0

On November 6, 2015, the European Commission released a widely-anticipatedCommunication assessing the impact of the judgment of the European Court of Justice (“ECJ”) in the Schrems case (C-362/14), which invalidated the...more

European Court of Justice Declares Safe Harbor for Transferring Personal Data from Europe Invalid

The European Court of Justice (“ECJ”) has ruled that the 15-year-old Safe Harbor Data Protection Framework (“Safe Harbor”) between the United States and the European Union (“EU”) is invalid. According to the ECJ, it does not...more

European Court of Justice Invalidates Safe Harbor

On October 6, 2015, the European Court of Justice invalidated “Safe Harbor”, a pact which for nearly fifteen years allowed United States companies to transfer electronic data from European companies and satisfy accompanying...more

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

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

Privacy & Cybersecurity Update - October 2015

In this edition of our Privacy & Cybersecurity Update, we discuss what companies need to know in the wake of the EU Court of Justice's rejection of the U.S.-EU Safe Harbor framework and take a look at the following important...more

False Hope or a Possible Safe Harbor Reboot?

With EU-U.S. data transfer scheme Safe Harbor being found to be “invalid” recently by Europe’s top court, pressure has increased on U.S. and EU officials to put aside differences and see if an alternative 2.0 scheme could be...more

Brussels Regulatory Brief: September/October

On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

Employment Law Commentary, October 2015

EU Employment Issues In M&A Transactions - Across industry sectors, there is one thing that all organizations have in common—people. Every organization needs a workforce to steer it in the right direction. This means...more

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

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

United States and European Union Reach Agreement in Principle for Continued Transatlantic Data Transfers Following Safe Harbor...

In the wake of the European Court of Justice’s (“CJEU”) landmark decision of Schrems v. Data Protection Authority earlier this month, the EU Justice Commissioner Vera Jourova announced this week that the EU has “agreed in...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

Safe Harbor – What Happens Now?

Huge uncertainty has been caused by the recent judgment of the Court of Justice of the European Union (CJEU) on 6 October that the Safe Harbor decision by the European Commission is invalid. Many companies which previously...more

German Data Protection Authorities Limit Use of Alternative Data Transfer Mechanisms in Light of Safe Harbor Decision

In the weeks since the October 6, 2015, Court of Justice of the European Union decision (“CJEU Decision”) that invalidated the EU-U.S. Safe Harbor framework, companies have been faced with the quandary of establishing legal...more

Commission Underlines Commitment to Safe Harbor Discussions

In a keynote speech today before the 37th International conference of Privacy and Data Protection Commissioners in Amsterdam, EU Justice Commissioner Vera Jourová reiterated the commitment of the European Commission to...more

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