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European Commission Data Security

EU-U.S. Privacy Shield – Its Origins and the High Bar It Must Meet

by Pierce Atwood LLP on

To predict the Privacy Shield’s future, it’s helpful to recall its origins and to understand the high bar it must meet – namely, ensuring “an adequate level of protection” under the Data Protection Directive. ...more

Socially Aware: The Social Media Law Update Volume 8, Issue 1

The Decline and Fall of the Section 230 Safe Harbor? - 2016 was a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or...more

What Will Trump’s Executive Order Do to U.S. Privacy Law and EU-U.S. Data Transfers?

by Alston & Bird on

On the third day of his presidency, President Trump signed an immigration-related executive order raising significant questions about the future of U.S. privacy law and EU-U.S. data transfers. The order, titled “Enhancing...more

Expected Soon: Modifications of the Standard Contractual Clauses

by McGuireWoods LLP on

The European Commission very recently presented two draft implementing decisions amending the existing adequacy decision on standard contractual clauses. These drafts were presented to the Article 31 Committee, which is...more

German DPA Publishes First Privacy Shield Guidelines, Requires German-Law Contracts for Transfers

by Alston & Bird on

On June 7, 2016, the European Commission adopted the US-EU Privacy Shield. Companies that self-certify under Privacy Shield with the US Department of Commerce – dubbed “Privacy Shield organizations” – are thus officially...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – August 2016

by Alston & Bird on

General Data Protection Regulation (GDPR) Published, Commencing Two-Year Countdown to Application. One of the most important EU legislative initiatives in recent years, and a landmark in privacy regulation worldwide, the GDPR...more

A Fragile Shield? Managing the Risks of EU-U.S. Data Transfer

Following European Commission adoption of the Privacy Shield on July 12, 2016, and with Privacy Shield self-certification poised to open for business organizations on August 1, 2016 as a replacement for the invalidated...more

EU-US Privacy Shield to Launch August 1, Replacing Safe Harbor

by Mintz Levin on

I. Introduction: Privacy Shield to Go Live August 1 (at Last) - The replacement for Safe Harbor is finally in effect, over nine months after Safe Harbor was struck down by the Court of Justice of the EU in the Schrems...more

Privacy Shield Finalized - How Everyone Can Take Advantage of the New European Data Transfer Framework

by Bryan Cave on

The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for national data-protection laws in each EU Member State. The Directive states that personal data may only be transferred to countries...more

European Commission Publishes Proposal for Signing the EU-U.S. Umbrella Agreement

by Reed Smith on

The EU-U.S. data protection Umbrella Agreement consists of a framework of principles and safeguards for trans-Atlantic transfers of personal data (such as criminal records, names and addresses) in relation to the prevention,...more

In Case You Missed It: Launch Links - February 2016 #4

by WilmerHale on

Some interesting links we found across the web this week: Has this year's startup funding slowdown been overblown? Debate continues over the perceived downturn in the market for venture capital, as a new...more

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

by Alston & Bird on

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 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

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

Irish High Court Quashes Irish Data Protection Commission's Original Schrems Decision

On October 20, 2015, the Irish High Court ordered the Irish Data Protection Commissioner (DPC) to investigate Facebook’s European data privacy practices, bringing Max Schrems’ three-year fight full circle. The Court quashed...more

The Article 29 Working Party releases statement on Safe Harbor

by Reed Smith on

Background On 16 October, the Article 29 Working Party released a statement (“Statement”) on the implications of the Court of Justice of the European Union’s (“CJEU”) judgment in Maximillian Schrems v Data Protection...more

A German DPA Questions the Validity of the Use of Consent and Model Contractual Clauses to Transfer Personal Data to the U.S., and...

Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a...more

No Safe Harbour? Immediate Implications for Employers

by Seyfarth Shaw LLP on

A landmark decision of the European Court of Justice (ECJ) has held that companies may no longer rely on “Safe Harbour” to justify transferring personal data from the European Union to the US, because the US Government has a...more

EU Data Protection Authorities Issue Joint Statement on Invalidation of Safe Harbor: Not Much Help Here

The so-called “Article 29 Working Party” of EU Data protection officials from the 28 EU member states today released a much-anticipated press release regarding the Court of Justice of the European Union (CJEU) landmark...more

EU Gives US Until “The End of January” to Find Safe Harbor Solution or Enforcement Could Begin

On October 16, 2015, EU authorities gave the U.S. and European Union until the end of January 2016 6o find a replacement for the former US-EU Safe Harbor regime, or enforcement actions could begin. The full statement of the...more

A German DPA Questions the Validity of the Use of Consent and Model Contractual Clauses to Transfer Personal Data to the U.S.

Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a...more

The Safe Harbor Ruling – FAQs and What Your Business Should Do Now

by Reed Smith on

Overview questions - 1. I’m Safe Harbor certified and have seen news articles reporting that “Safe Harbor is invalid”. What does that mean? On 6 October, the European Court of Justice delivered a judgment which...more

Any Port in a Storm? EU-US Data Transfers After Schrems and Safe Harbor

by McDermott Will & Emery on

Last week, the Court of Justice of the European Union (CJEU) gave an important ruling which any business transferring personal data between the EU and the United States should know about — in particular those that make use of...more

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

by Orrick - Trust Anchor on

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

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