Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
On November 28, 2017, the statutorily-appointed independent EU advisory body known as the Article 29 Working Party (“WP29”) released its report following the First Annual Joint Review on the EU-U.S. Privacy Shield (“Privacy...more
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
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
Every generation eventually reaches a point (some might call it “early middle age”) where its formative years become the focus of widespread nostalgia. As indicated by the success of the recent Star Wars sequel and numerous...more
Beginning August 1, U.S.-based companies that self-certify their compliance with the EU-U.S. Privacy Shield will be able to import data under the new data transfer framework. But how can your company best prepare? ...more
When the new EU-US Privacy Shield was adopted all the way back on the 12th of July, we were quoted in the media discussing the fact that formal legal challenges to it were inevitable. By the time the dust settled enough to...more
Article 29 Working Party on the EU-US Privacy Shield: The EU’s Article 29 Working Party analyzed the final version of the Privacy Shield and issued a statement on July 26, 2016. What does this mean?...more
You may recall our previous posts about the drafting and negotiation of the EU-US Privacy Shield, the law designed to implement a data sharing agreement that sets specific privacy standards for companies sharing information...more
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
Earlier this week, the European Commission voted to formally approve the Privacy Shield—a set of principles agreed between the E.U. and the U.S. to enable certified U.S. companies to receive and process personal data from the...more
The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for national data-protection laws in each EU Member State. The Directive states that personal data may only be transferred to countries...more
On July 12, 2016, the European Commission (“Commission”) formally adopted and released the Privacy Shield Adequacy decision, which will allow certified U.S. companies to transfer EU personal data to the United States. The...more
Key takeaways: .. The Privacy Shield will now go into effect. .. The preliminary start date for companies to be certified under the Privacy Shield is August 1, 2016. .. Expect more challenges to the Privacy Shield...more
After months of negotiations, today the College of Commissioners formally adopted the EU-U.S. Privacy Shield (“Privacy Shield”). This is an encouraging development for the more than 4,400 U.S. companies that had previously...more
After receiving the approval of the EU Member States, through the Article 31 Committee, last Friday, the European Commission has today, July 12th, 2016, formally adopted the Adequacy Decision necessary to implement the...more
Last week,European Commission to grant final approval to the Privacy Shield as a basis for EU-U.S. transfers of personal data. This development follows criticisms of the Privacy Shield this past April from the Article 29...more
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
After the European Court of Justice invalidated Safe Harbor on October 6, ?2015, the Article 29 Working Party announced in an October 16, 2015 statement that US companies that were Safe Harbor certified had until the end of...more
On 29 February the European Commission released its draft adequacy decision about the proposed Privacy Shield, which is intended to replace the invalidated EU-US Safe Harbor. While Microsoft stated on April 11 that they...more
On May 26, 2016, the European Parliament passed a resolution (2016/2727 (RSP)) calling on the European Commission (EC) to reopen negotiations with the United States to improve perceived “deficiencies” in the EU-U.S. Privacy...more
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
The Privacy Shield, proposed this past February and greeted with cautious optimism by European and U.S. regulators alike as a more robust “replacement” for the invalidated Safe Harbor framework, appears to be suffering death...more
On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework....more
Special Focus on “Safe Harbor 2.0,” Privacy Shield and E.U. Data Transfers: Alston & Bird’s privacy team has been closely following the development of Privacy Shield, the proposed successor to the E.U.-U.S. Safe Harbor...more
With European regulators continuing to debate the current proposal for the EU-U.S. Privacy Shield, the fate of the new trans-Atlantic data framework is becoming murkier by the day. Rapprochement may still be a possibility,...more