NSA Cybersecurity

News & Analysis as of

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

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

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

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

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

US-EU Data Privacy Safe Harbor Program Invalidated

On October 6, 2015, the European Court of Justice ("ECJ") invalidated the safe harbor program negotiated between the United States Department of Commerce and the European Commission pursuant to which safe harbor-registered...more

EU Working Party Issues Statement on CJEU's Invalidation of Safe Harbor Framework

The European Court of Justice's (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more

Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows, producer Val Lewton, whose films for RKO had some of the...more

The “Other” Safe Harbor: OIG Warns Healthcare Providers and Vendors Against Information Blocking and Federal Anti-Kickback...

For those of us who work in the privacy and security space this past week has been a whirlwind with focus on the ramifications of the European Court of Justice (ECJ) decision invalidating the EU-U.S. Safe Harbor Agreement....more

Means, Other Than Safe Harbor, of Transferring Personal Data to the U.S. Potentially Vitiated?

After the decision of October 6, 2015, of the Court of Justice of the EU (CJEU) invalidating the decision from the EU Commission (Decision 2000/520) on the Safe Harbor, transfer of personal data to the U.S. based on Standard...more

Important Decision On Applicable Data Protection Law

After the controversial Google Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

Compliance at the Tipping Point, Part IV – The Schrems Decision

I continue my exploration of why I believe that compliance is at the Tipping Point, with today’s entry of data point four, which is last week’s decision by the European Court of Justice (ECJ) in the Schrems case. While most...more

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

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

Why You Care The E.U. Struck Down Safe Harbor Data Protection And What to Do About it [Updated]

Earlier this month the Court of Justice of the European Union struck down the EU-U.S. Safe Harbor Framework which previously provided U.S. companies comfort in that they could follow the framework and know they were not...more

European Court declares Safe Harbor Invalid

This week the Court of Justice of the European Union made a landmark ruling that the US – EU data sharing scheme known as “Safe Harbor” is invalid. This followed a complaint by Max Schrems (an Austrian citizen and...more

What Now? What Next? FAQs and Answers Regarding the Safe Harbor Decision

As we discussed in our blog post last week, on October 6, 2015, the Court of Justice of the European Union issued a judgment that invalidated the EU-U.S. Safe Harbor Framework. For the past 15 years, thousands of companies...more

No Port in a Storm: The United States’ Safe Harbor Is No More

Europe is on the cutting-edge of privacy protections, and has been for quite some time. The European Directive on privacy, the Data Protection Directive, was adopted in 1995 and regulates the sharing and processing of...more

Transfer of Employees’ Personal Data from Germany to the United States under German Data Privacy Law

Following the ECJ’s decision in the “Schrems” case which has invalidated the Safe Harbor framework multinational corporations may now face profound privacy law related compliance issues in a multitude of jurisdictions. In the...more

EU Safe Harbor Program declared invalid by EU’s highest court

The European Court of Justice, (the EU’s highest court), ruled on Tuesday, October 6th that the safe harbor pact between the EU and the U.S. should be declared invalid because it fails to provide adequate protection for EU...more

HorrorFest 2015 Celebration Part II – The Cat People, the Schrems Decision and FCPA Investigations

It’s the second Friday in October and I am continuing my HorrorFest month. I usually call it Monster Movie Fest but this year I am celebrating the films of Val Lewton who really worked more broadly in the horror genre, rather...more

New Uncertainties for European-US Data Transfers: EU Court Strikes Down 15-Year Old Safe Harbor Agreement

On October 6, 2015, the European Court of Justice (the European Union's highest court), struck down the US-EU Safe Harbor Agreement that previously provided companies to store personal data about Europeans on U.S. servers,...more

EU-US Data Transfer Safe Harbor Ruled Invalid

In a decision sure to have widespread implications for over 4,500 US companies doing business in Europe and anyone else who accesses data from the continent, the European Court of Justice ruled yesterday that the 15 year-old...more

Safe Harbor Dead: What U.S. Businesses Need to Know/Do Next

The decision of Europe’s top court yesterday to confirm that the ruling that the Europe Union(EU)/U.S. Safe Harbor scheme, Commission Decision 2000/520, was invalid has major implications for any businesses transferring data...more

EU High Court Invalidates Safe Harbor Framework for Cross-Border Data Transfers

On October 6, 2015, the Court of Justice of the European Union (CJEU) issued a highly anticipated judgment that has the potential to impact how thousands of companies transfer data from the EU to the United States. The...more

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