The European Commission has published its long-awaited draft of the new EU-US Data Privacy Framework, available here. The Data Privacy Framework will replace the Privacy Shield decision that was invalidated in July 2020 by...more
The European Commission has just published a consultation draft of the long-promised updated version of the Standard Contractual Clauses (SCCs). The SCCs are the most commonly used legal mechanism for transferring personal...more
11/16/2020
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
International Data Transfers ,
Personal Data ,
Popular ,
Schrems I & Schrems II ,
Standard Contractual Clauses
Organizations that transfer personal data from the European Union on the basis of the EU Commission-approved Standard Contractual Clauses (SCCs) may be breathing a sigh of relief on hearing that the SCCs have been upheld by...more
7/16/2020
/ Corporate Counsel ,
Data Privacy ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Commission ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
National Security ,
Personal Data ,
Safe Harbors ,
Schrems I & Schrems II ,
Standard Contractual Clauses
Does your organization transfer personal data from the European Union to the US? If so, keep an eye out for a key decision on July 16 from the EU’s top court, the Court of Justice of the European Union. The Schrems II case...more
7/9/2020
/ Advocate General ,
Binding Corporate Rules ,
Corporate Counsel ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
National Security ,
Personal Data ,
Safe Harbors ,
Standard Contractual Clauses
The European Parliament passed a resolution today strongly criticizing Privacy Shield and recommending that Privacy Shield be suspended as of September 1, 2018, if the US doesn’t shape up by that deadline. Should US...more
As was generally expected from informal comments by EU representatives, Privacy Shield has survived its first annual review. Commissioner Jourova stated: “Our first review shows that the Privacy Shield works well, but there...more
Executive summary: The EU’s standard contractual clauses may be on the fast track to invalidation, putting a vast number of personal data transfers from the EEA at risk. A case brought by Maximilian Schrems (whose first...more
10/4/2017
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Protection ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
Facebook ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Ireland ,
Model Clauses ,
Personally Identifiable Information ,
Standard Contractual Clauses
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
The Article 29 Working Party (WP29) has released a brief updated statement on the final form of the Privacy Shield adequacy decision and supporting annexes. WP29 is an important advisory group made up of representatives of...more
I. Introduction: Privacy Shield to Go Live August 1 (at Last) -
The replacement for Safe Harbor is finally in effect, over nine months after Safe Harbor was struck down by the Court of Justice of the EU in the Schrems...more
7/25/2016
/ Consent ,
Data Protection Authority ,
Data Security ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Notice Requirements ,
Personal Data ,
Surveillance ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
The EU Commission has formally adopted Privacy Shield and the US Department of Commerce will go live with a new Privacy Shield registration website on August 1. US companies that had been registered under Safe Harbor will...more
7/12/2016
/ Data Protection ,
Data Retention ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Registration Requirement ,
Self-Certification ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
The final version of Privacy Shield (which has not yet been officially published) passed the Article 31 Committee vote on July 8th and is being presented on July 11th to the LIBE committee of the European Parliament. LIBE’s...more
According to several news reports, the Commission has sent a revised draft of the Privacy Shield adequacy decision to the Article 31 Committee. One tech industry news source, Ars Technica, has made available a purportedly...more
While it’s making few headlines, the European Commission is still working to finalize Privacy Shield, and it’s even possible that Privacy Shield will pass a key hurdle by the end of this month. The Commission is still...more
UPDATE: The Article 29 Working Party has released surprisingly brief comments on Privacy Shield. Consistent with the press briefing held on April 13, 2016, WP29 has concluded that Privacy Shield falls short without providing...more
Now that the EU Commission has published the complete version of its draft decision adopting the EU-US Privacy Shield program, it’s time for the key reviewers to dig in. I don’t mean the lawyers, or EU privacy advocates, or...more
The European Commission has finally made the draft text of the EU-US Privacy Shield program available... The Privacy Shield program, which was agreed to in principle by US and EU negotiators nearly four weeks ago, will...more
The amended Judicial Redress Act has passed the House and is on its way to the president to be signed into law. The Act, which we covered in an earlier blog post, gives citizens of foreign countries the same rights as US...more
The US Senate passed the amended version of the Judicial Redress Act on February 9. The amendments, which tie the Umbrella Agreement to Safe Harbor 2.0 (now dubbed the US-EU “Privacy Shield”), now go back to the House for...more
The European Commission has issued a press release that gives an outline of some key changes to the EU-US safe harbor, now dubbed the “Privacy Shield.” The new accord still needs to be reviewed by the Article 29 Working...more
2/4/2016
/ EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
National Security ,
Ombudsman ,
Personal Data ,
Schrems I & Schrems II ,
Surveillance ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework