Privacy Laws

News & Analysis as of

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

Navigating the Unsafe Harbor: Keep Calm and Carry On

The Court of Justice of the European Union (CJEU) issued its landmark decision in Maximillian Schrems v. Data Protection Commissioner on October 6, 2015, ultimately invalidating the U.S.-EU Safe Harbor Framework. Under...more

Court of Justice of the European Union Invalidates U.S. Safe Harbor Framework

The Court of Justice of the European Union (CJEU) has held that the EU Commission's decision establishing the Safe Harbor data transfer framework is invalid because the Commission failed to determine that the protection...more

EU Court Rejects “Safe Harbor” Agreement Permitting Customer Data Transfers to U.S.

The European Court of Justice (ECJ) has struck down the 15-year-old “Safe Harbor” agreement that permitted companies operating in Europe to transmit personal user data to the United States, as long as the U.S. ensures an...more

European Court of Justice Invalidates Safe Harbor Adequacy Finding: Organizations Should Re-evaluate Their Basis for EU-US Data...

On October 6th, the European Court of Justice (ECJ) issued its opinion in Schrems v. Data Protection Commissioner (C-362/14), a case which, among other things, challenged the validity of the European Commission’s 2000 finding...more

Special Alert: Cross-Border Data Transfers Significantly Impacted by EU Court Decision Invalidating Adequacy of U.S.-EU Data...

On October 6, 2015, the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner (“Schrems”) declared “invalid” a decision of the European Commission that the United States-European Union Safe...more

Uncertainty Abounds After EU High Court Invalidates EU-U.S. Safe Harbor Framework

On October 6, 2015, the Court of Justice of the European Union declared invalid the more than 15-year-old EU-U.S. Safe Harbor Framework. Thousands of U.S. businesses have complied with, and thus relied upon, the Safe Harbor...more

EU High Court Invalidates U.S.-EU Safe Harbor Framework

As has been widely reported, the U.S.-EU Safe Harbor – probably the most commonly used method for transferring personal data to the United States – has been invalidated by an EU court. The court’s decision has wide-ranging...more

Did the ECJ Kill the Safe Harbor Framework on E.U.-U.S. Data Transfers?

On October 6, 2015, the European Court of Justice (“ECJ”) ruled in the “Schrems” case that the U.S.-EU Safe Harbor framework on the transfer of personal data from Europe to the United States, was invalid. ...more

"Privacy & Cybersecurity Update - FTC Mobile Privacy Disclosures: Court of Justice of the European Union Declares US-EU Safe...

“Decision 2000/520 is invalid.” With those four words, the Court of Justice of the European Union (CJEU) sent shock waves through the European and U.S. business communities on October 6, 2015, with a landmark decision finding...more

US Safe Harbor Regime Invalidated by Europe’s Highest Court

The Court of Justice of the European Union ruled this morning that the Safe Harbor regime, which enables transatlantic data transfers from the European Union to the United States, is invalid, thereby giving each national...more

EU Court of Justice: Safe Harbor Decision Permitting EU-U.S. Personal Data Transfers Is Invalid

Ruling affects approximately 5,000 U.S. companies that have relied on the Safe Harbor to transfer personal data from the EU to the United States. Key Points - - The approach of the U.S. government to personal...more

Not Just For Facebook

The issue of cross border data transfer—including employee data— that is. Four years ago, Austrian law student Max Schrems attended a semester abroad study at Santa Clara University in Silicon Valley, where he heard one...more

Safe Harbor – Not so Safe After Schrems

Today the European Court of Justice (“ECJ”) issued its Judgment in the Schrems case, and in doing so, added another tremor to the ongoing seismic shift related to cross-border privacy law. ...more

States Continue To Grapple With Data Breach Notification Issues

Connecticut’s data breach notification law currently requires notification “without unreasonable delay.” Effective October 1, 2015, Connecticut will (a) require notice of any breach of security not only “without unreasonable...more

Second Chance to File Oppositions to CTIA Challenge

In its June 2015 Lifeline Order on Reconsideration, the FCC adopted a new rule which requires ETCs to retain documentation demonstrating subscriber eligibility for Lifeline, such as a copy of the applicant’s food stamp card...more

Safe Harbor Decision today!

Today, the Court of Justice of the European Union (CJEU) handed down its ruling in relation to the Schrems case. As you will have heard, the Court decided that local DPAs should be entitled to investigate matters (regardless...more

CA AG Requires Chief Privacy Officer and Privacy Compliance Program

California’s Attorney General, Kamala Harris, has required Houzz, a home décor information and e-commerce website and mobile app publisher, to hire a chief privacy officer (CPO), conduct a company-wide privacy assessment, and...more

Discovery Rules Continue to Evolve for Cases Involving Social Media

Your social media content is not only susceptible to hacking; it’s also susceptible to disclosure requests from civil litigants (see our Sept. 14 blog post for more details) and even prosecutors without your consent if they...more

Social Media Privacy Legislation Desktop Reference: What Employers Need to Know

There is no denying that social media has transformed the way that companies conduct business. In light of the rapid evolution of social media, companies today face significant legal challenges on a variety of issues ranging...more

Is the Safe Harbor Framework Still Safe?

On October 6, 2015, the European Court of Justice (ECJ) will issue its decision in Schrems v. Data Protection Commissioner, Case C-362/14, which may invalidate the U.S.-EU Safe Harbor Framework. The Safe Harbor Framework...more

OCR announces launch of Phase 2 of HIPAA audits

Although the Office for Civil Rights (OCR) has indicated in the past that it would start its next round of HIPAA audits, apparently it means business now. In the wake of an Inspector General report that the OCR was merely...more

Comment period extended for NIST Cybersecurity Practice Guide

The National Institute of Standards and Technology has announced that due to stakeholder feed-back, the period to submit comments for the draft guide, “Securing Electronic Health Records on Mobile Devices” has been extended...more

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