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News & Analysis as of

Political Agreement Reached on US-EU Safe Harbor; Details “Hazy”

According to press reports, European Union and U.S. negotiators in Brussels finalized what is being called a “political agreement” on a new Safe Harbor transatlantic data transfer agreement. European Union justice...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 Reaches Agreement on New Privacy Regulations

The European Commission has announced final agreement on the General Data Protection Regulation, the EU-wide data protection framework that will replace the current fragmented structure under the nearly 20-year-old Data...more

Political Agreement on European Data Protection Regulation

A political compromise has been reached on the new European Data Protection Regulation. On December 15, 2015, the negotiators in the so-called “informal trilogue” between the Council, the Parliament and the European...more

At long last . . . the EU General Data Protection Regulation negotiations have wrapped up

The EU has announced that the Commission, Parliament and Council have reached agreement on the final shape of the General Data Protection Regulation. The official version will be available early in 2016, but we will be...more

European Union Agrees on Data Protection Reform

Christmas came early for the European Commission, as a multi-year effort to reform the continent’s aging data protection framework was finally agreed upon with the European Parliament and Council, which will significantly...more

Final Negotiations on European Data Protection Regulation

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

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

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

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

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

EU safe harbor update

Last week, the Vienna Higher Regional Court ruled that most of Max Schrems’ claims against Facebook can proceed, including his claim that Facebook improperly allowed his personal information to be shared with the National...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

UPDATE: Is Safe Harbor Still Safe? The European Court of Justice Answers with a Resounding “No”

On September 28, 2015, we released a client alert noting that European Commission Decision 2000/520, known as the “Safe Harbor” for U.S. companies handling the private data of EU citizens, was under attack in the advisory...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 Commission Pushes New Agreement with the US

On October 26, the European Commissioner Vera Jourová addressed the Parliament Committee on Civil Liberties, Justice and Home Affairs to discuss the consequences of the Schrems Judgment of the Court of Justice of the European...more

Whom Should You Suspend During an Internal Investigation?

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...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

Statement of the Article 29 Working Party Regarding Schrems EU Court Decision

On October 16, the Article 29 Working Party (Working Party) released a statement regarding the October 6 Court of Justice of the European Union’s decision to invalidate the adequacy of the U.S.-EU data protection Safe Harbor...more

Safe Harbor Invalidated by the CJEU; Are There Other Solutions for Transatlantic Transfers?

After the October 6, 2015, decision of the CJEU, it is clear that transfers of personal data may no longer take place under the Safe Harbor. This was confirmed with no ambiguity by the Article 29 Working Party (Group 29,...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

EU Strikes Down the Safe Harbor Framework for Transatlantic Data Transfers: What You Should Know and What to Do Next

The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor...more

EU safe harbor update

A lot has happened since the European Court of Justice’s declaration that the EU-US safe harbor framework is invalid. First, the Article 29 Working Party, an organization comprised of representatives from each data...more

The Schrems Saga Continues: Israeli Law, Information and Technology Authority Revokes Transfer Authorizations

Citing the European Court of Justice’s (ECJ) October 6, 2015 decision in Schrems v. Data Protection Commissioner, which invalidated the EU Commission’s Safe Harbor decision, the Israeli Law, Information and Technology...more

Safe Harbor Is Dead, Long Live Standard Contractual Clauses?

For the past 15 years, the EU-U.S. Safe Harbor Framework has been one of the most popular data transfer mechanisms for organizations that engage in cross-border transfers of EU personal data to the United States. In the...more

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