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The U.S. and EU Announce an “Agreement in Principle” to Replace the EU-U.S. Privacy Shield Framework: What Employers Need to Know

On March 25, 2022, the European Union (EU) announced that the United States and the EU had reached an agreement in principle to replace the EU-U.S Privacy Shield framework, which the European Court of Justice (CJEU) struck...more

EU-U.S. Privacy Shield Invalid: European Court of Justice Highlights Obligations for Companies Using Standard Contractual Clauses

The Court of Justice of the European Union (CJEU) recently declared that the EU-U.S. Privacy Shield is invalid because it does not provide an adequate level of protection for the transfer of personal data from the European...more

European Court of Justice Declares the EU-U.S. Privacy Shield Invalid and Provides Additional Obligations on Companies Using...

On July 16, 2020, the Court of Justice of the European Union (CJEU) announced its judgment in the so-called Schrems II case (Case C-311/18), declaring that the EU-U.S. Privacy Shield is invalid because it does not provide an...more

EU-U.S. Privacy Shield: EU Commission Confirms Adequacy but Highlights Room for Improvement

On October 23, 2019, the European Commission published its report after its third annual review on the functioning of the EU-U.S. Privacy Shield. The Privacy Shield, which became operational in August 2016, details procedures...more

A GDPR Update for Employers, Part I: Determining Whether Your Organization’s HR Data Processing Is Covered

Much has happened since the European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Many EU countries have enacted national legislation to implement and expand the requirements of the...more

Working Party Confirms That Employers of All Sizes Must Maintain Article 30 Records of Processing for Human Resources Data

On April 19, 2018, the Article 29 Working Party (Working Party), which is comprised of representatives from the data protection authorities in each of the 28 European Union (EU) member states, issued a position paper stating...more

EU Regulator Discusses Enforcement Priorities for the GDPR

On March 27, 2018, Helen Dixon, the data protection commissioner for Ireland, outlined the enforcement priorities of the Irish data protection authority (DPA) for the General Data Protection Regulation (GDPR) during the...more

EU Commission’s First Annual Review Confirms Adequacy of the EU-U.S. Privacy Shield

On October 18, 2017, the European Commission published its report and supporting documents regarding its first annual review of the EU-U.S. Privacy Shield (Privacy Shield), which sets forth procedures and safeguards for...more

The Countdown Begins for GDPR Compliance for EU Human Resources Data

On May 25, 2018, a short 12 months from now, employers must be in full compliance with the EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) for EU human resources data. The GDPR requirements regarding...more

The Top 5 International Data Privacy Issues for Employers in 2017

As employers catch their breaths after an action-packed 2016, they need to gear up for another turbulent year for international data privacy issues in 2017. The top five international data privacy issues follow....more

EU Commission Adopts EU-U.S. Privacy Shield

On July 12, 2016, the European Commission formally adopted the EU-U.S. Privacy Shield to replace the previously invalidated Safe Harbor Framework as an adequate method of transferring personal data from the European Economic...more

New Agreement on Privacy Shield Set to Become Final in Early July

On June 24, 2016, the European Commission announced that it had reached a final agreement with the United States on the terms of the EU-U.S. Privacy Shield, which will permit U.S. companies to transfer the personal data of...more

European Commission and U.S. Department of Commerce Publish Details Regarding the EU-US Privacy Shield

On February 29, 2016, the European Commission (EC) and U.S. Department of Commerce (DOC) published a series of documents providing details for the implementation of the new EU-US Privacy Shield framework for the transfer of...more

EU Extends "Qualified" Moratorium on Enforcement Actions for Data Transfers to the U.S.

On February 3, 2016, the Article 29 Working Party, the EU body representing the data protection authorities (DPA) of each EU member country, announced that all of the DPAs across the EU have agreed to extend the current...more

New ‘EU-US Privacy Shield’ to replace Safe Harbour

On February 2, 2016, in a meeting conducted in Brussels, the European Commission and the United States agreed on a new framework for transatlantic data flows. With all the negative connotations surrounding it, the name “Safe...more

Europeans Agree on New Data Privacy Laws

After four years of debate and a year of uncertainty over the future of data transfers from the European Union (EU) to the United States, this week has seen a historic move towards finalizing new legislation to govern data...more

Current Status of EU Data Transfers and Recommended Next Steps for Former Safe Harbor Companies

As has been widely publicized, on October 6, 2015, the European Court of Justice (ECJ) issued its much-anticipated decision in Schrems v. Data Protection Commissioner, Case C-362/14 invalidating European Commission’s Decision...more

The Schrems Saga Continues: Israeli Law, Information and Technology Authority Revokes Transfer Authorizations

Citing the European Court of Justice’s (ECJ) October 6, 2015 decision in Schrems v. Data Protection Commissioner, which invalidated the EU Commission’s Safe Harbor decision, the Israeli Law, Information and Technology...more

The Fallout from the Schrems Decision Continues

On October 14, 2015, the data protection commissioner from the German state of Schleswig-Holstein issued a position paper declaring that the use of model contract clauses by U.S. companies and European employees’ consent to...more

European Court of Justice Invalidates European Commission’s Safe Harbor Decision

On October 6, 2015, the European Court of Justice (ECJ) issued its much-anticipated decision in Schrems v. Data Protection Commissioner, Case C-362/14. The case considered the viability of the U.S.-EU Safe Harbor Framework,...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

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