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Privacy Laws US-EU Safe Harbor Framework

EU-US Privacy Shield for transatlantic data transfers finalized

Transfers of personal data from most European countries to the US have been exposed to legal attack since October 2015, when privacy campaigner Max Schrems successfully sued the Irish authorities over data transfers made by...more

European Union Member States Vote In Support Of The Privacy Shield

by King & Spalding on

On July 8, 2016, the European Union (“EU”) member states voted in support of the Privacy Shield through the Article 31 Committee, which is composed of representatives of the 28 member states. The Privacy Shield would replace...more

U.S. Government Petitions to Join Data Privacy Litigation Against Facebook in Ireland

by Moore & Van Allen PLLC on

On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use...more

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

by Foley Hoag LLP on

Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

In the Global War for Data Privacy, Germany, France and Norway Launch First Strikes under ‘The Shield’

by Snell & Wilmer on

In the comic book world, one is often either a DC person or a Marvel person. In the data privacy world, one could say the European Court of Justice ruling last fall inspired the switch from DC’s Aquaman’s (Safe) Harbor to...more

Article: Safe Harbor No More: Navigating Unchartered Waters After the European Court of Justice Ruled the European Commission’s...

Not surprisingly, different governments and regulatory bodies have different views on how to strike the right balance as to the protection of the individual’s right to privacy (especially personal data), the facilitation of...more

Privacy & Cybersecurity Update - January 2016

In this edition of our Privacy & Cybersecurity Update, we discuss, among other matters, the status of the EU/U.S. Safe Harbor negotiations, as well as changes to privacy laws in Delaware and California that regulate online...more

Examining the Judicial Redress Act

by Alston & Bird on

The proposed Judicial Redress Act has recently been touted as a critical step towards developing a revised “Safe Harbor 2.0? framework. (See our prior posts on Safe Harborhere and here.) This post summarizes the essential...more

"Emerging Trends in Privacy and Cybersecurity"

Entering 2016, the relentless stream of cyberattacks continues unabated, having become a "business as usual" reality to which companies must adapt. All companies, regardless of size or industry, are potential targets, and the...more

Alert: California and the EU’s Changing Privacy Laws

by Knobbe Martens on

Privacy law has traditionally focused on an individual’s right to privacy vis-à-vis a government’s physical intrusion. Privacy law, however, has morphed in recent years to address concerns of the digital age, including data...more

Lawful Cross-Border Transfers of Employees' Personal Data: EU Commission's Communication on the Invalidation of Safe Harbor 1.0...

by Littler on

In the wake of last month's landmark decision by the European Court of Justice (ECJ) invalidating the U.S.-European Union (EU) Safe Harbor framework, hundreds of U.S. multinationals, no longer able to rely on the Safe Harbor...more

Brussels Regulatory Brief: September/October

by K&L Gates LLP on

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

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

by BakerHostetler on

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

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

by LeClairRyan on

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

Does the Schrems Decision Open the Door to New Cyber Insurance Exclusions?

by Orrick - Trust Anchor on

The shockwaves continue from the October 6, 2015 ruling of the Court of Justice of the European Union (CJEU), the European Union’s highest court, invalidating the U.S.-EU “Safe Harbor” data transfer regime in a controversy...more

Top EU Court’s Ruling Subjects Companies Doing Business Across Europe To “New Sanctions” in Potentially Unfamiliar Jurisdictions

The Court of Justice of the European Union (CJEU) has been very busy in recent weeks re-shaping EU privacy laws. In addition to the much-anticipated decision in “Schrems” (Case C-362/14), which essentially rules the US-EU...more

German DPAs Add Further Pressure to EU-US Data Transfers

Yesterday, German federal and state (Länder) data protection authorities ("DPAs") issued a Position Paper following the recent Court of Justice of the European Union ("CJEU") ruling that struck down the EU-US Safe Harbor...more

Whom Should You Suspend During an Internal Investigation?

by Thomas Fox on

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

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

by Stinson Leonard Street on

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

Safe Harbor Is Dead, Long Live Standard Contractual Clauses?

by BakerHostetler on

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

EU Expands Reach of National Data Protection Regulators

by BakerHostetler on

The central European countries of Slovakia and Hungary are divided by a common 420-mile-long border. But that dividing line, and other European national borders, may now be a little more blurred due to a key ruling by the...more

US-EU Data Privacy Safe Harbor Program Invalidated

by Cohen & Grigsby, P.C on

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

by Orrick - Trust Anchor on

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

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Cybersecurity

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