News & Analysis as of

US-EU Safe Harbor Framework

An Irish Court Clouds the Future of EU Data Transfers: The Luck of the Model Clauses May Be Done

There was a new and potentially significant development this week in the Irish courts that could mark the start of a fundamental change in the field of privacy law and the transfer of personal data from the European Union to...more

The Morning Risk Report: Data-Transfer Case Creates New Uncertainty

Tim Toohey was quoted in a October 5, 2017, Wall Street Journal article written by Ben DiPietro discussing the decision by Ireland's High Court to refer a data-transfer case involving Safe Harbor and Privacy Shield to the...more

FTC Wields Shield Against False Participation Claims

In the agency’s first cases enforcing the European Union-United States Privacy Shield framework, the Federal Trade Commission (FTC) settled with three companies that falsely claimed they were certified to participate in the...more

Irish High Court Asks European Court to Rule on Legality of EU-US Data Transfers

by Reed Smith on

On 3 October 2017, the Irish High Court held that it is up to the European Court of Justice (“ECJ”) to determine whether Standard Contractual Clauses (“SCCs”) are a valid method of transferring personal data outside of the EU...more

FTC Settles Charges Regarding Privacy Shield Noncompliance

by Morgan Lewis on

On September 8, 2017, the US Federal Trade Commission (FTC) announced that three US companies have reached a settlement regarding charges that the companies misled consumers in connection with their participation in the EU-US...more

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

EU-U.S. Privacy Shield – What’s Its Future?

by Pierce Atwood LLP on

It’s been almost one year since the EU-U.S. Privacy Shield (Privacy Shield) came into existence. Its upcoming annual review in September by the European Commission (Commission) and the U.S. Department of Commerce (DOC) – its...more

Privacy Shield certifications reach 2,000, still far short of Safe Harbor

Timothy Toohey was quoted in an article published by CQ Roll Call on April 24, 2017, about the number of Privacy Shield-certified companies under the new program allowing transfers of personal data from Europe to the United...more

Privacy Shield: Recent Developments

by White & Case LLP on

The Article 29 Working Party has released new procedural documentation concerning complaints under the Privacy Shield scheme, comprising rules of procedure and a form for individuals to submit complaints. This comes against a...more

EU Commissioner - President Trump Set To Discuss Future Of Privacy Shield Accord

by King & Spalding on

European Union (“EU”) Commissioner Vera Jourová will meet with U.S. President Donald Trump this month to discuss the future of the EU-U.S. Privacy Shield (“Privacy Shield”) accord which imposes obligations on U.S. companies...more

The Top Ten Things You Should Know About UK Employment Law

What 2016 lacked in employment law changes, it made up with political surprises (Brexit) and sweeping data protection changes (the GDPR). Due to these dynamic changes and in anticipation of what lies ahead, our UK employment...more

EU Court Strikes Down Security Legislation Over Privacy Concerns

by Dorsey & Whitney LLP on

In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’...more

A Privacy Shield Replaces a Safe Harbor for the Swiss, Too

US companies with employees or clients in Switzerland will be interested to hear that the new Swiss-US Privacy Shield was approved on 11 January. Although Switzerland is not a member of the European Union, its data...more

EU-U.S. Privacy Shield: Assessing The New Regime

by King & Spalding on

Businesses have now had four months to get to grips with the new EU-U.S. Privacy Shield for transatlantic data transfers after it came into force in August 2016. As the New Year looms, what are the emerging trends we have...more

Update on the Privacy Shield

Last July, the United States and the European Union agreed on a new framework to allow for the transfer of Europeans’ personal data to the United States. This new framework, known as Privacy Shield, replaced the Safe Harbor...more

EU-US Privacy Shield challenged in the European Court of Justice

by Reed Smith on

Just four months after its adoption by the European Commission, the EU-U.S. Privacy Shield is facing its first formal legal challenge. The challenge comes from the Irish advocacy group Digital Rights Ireland, who is...more

The Cyber President? What To Expect From the Trump Administration On Cybersecurity And Privacy

Even president-elect Donald Trump has been the victim of a data breach. Several times actually. The payment card system for his Trump Hotel Collection was infected by malware in May 2014 and 70,000 credit card numbers were...more

In the Wake of Schrems: EU White List of Adequate Nations and Standard Contractual Clauses Under Review

by Reed Smith on

Early last month, the European Commission tabled proposed amendments to its existing decisions on the adequacy of third countries’ data protection laws, and to its decisions on the EU standard contractual clauses....more

Business Litigation Reporter - November 2016

by Goodwin on

On June 12, 2016, the European Commission adopted a new framework for personal data transfers between the European Union (EU) and the United States (US), called the “Privacy Shield.” US companies doing business in Europe may...more

10 German Data Privacy Supervisory Authorities Investigating Potential Unlawful International Data Transfers

by Orrick - Trust Anchor on

According to a press release of the Data Protection Supervisory Authority in the Land Mecklenburg Vorpommern of November 3, German supervisory authorities have randomly selected 500 companies in Germany and sent them requests...more

How Can Yahoo E-Mail Scanning Impact the EU-U.S. Privacy Shield?

Reuters reported earlier this month that, according to three former employees, Yahoo Inc. had “complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo mail accounts at the behest of the NSA...more

Transatlantic Data Transfer: An Update

The EU-US Privacy Shield, designed to protect EU citizens’ personal data when it is transferred to US organisations, has now been in place for a couple of months. How is it shaping up?...more

Small Companies and Those Not Certified Under the Safe Harbor Face Hidden Costs in the EU/US Privacy Shield Certification Process

The Privacy Shield in a nutshell. The Privacy Shield permits U.S. businesses to process and control the personal data of individuals, aka data subjects, located in the European Union (EU). Without the Privacy Shield,...more

The New European Union-U.S. Data Privacy Shield…Is It Right for You?

U.S. companies with transatlantic operations should carefully balance the need to transfer personal data about European customers and employees from Europe to the U.S. in light of the increased burdens and cost of compliance...more

First Privacy Shield Guidelines for Companies published by German DPA

by Orrick - Trust Anchor on

On September 12, 2016, the Data Protection Authority of the German Federal State of North Rhine-Westphalia (“DPA NRW”) became one of the first EU data protection authorities to issue guidance on the implementation of the...more

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