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 United Kingdom has been busy in the past couple of weeks starting to chart its independent course on data protection and privacy matters. We should keep in mind, however, that some of the more dramatic announcements...more
The new standard agreement for service providers (which we’ll refer to as the Controller-Processor SCCs) adopted by the European Commission on June 4th was understandably a bit overshadowed by the release on the same date of...more
The European Commission has adopted (at long last) an updated version of the Standard Contractual Clauses (SCCs), bringing this popular data transfer mechanism in line with the GDPR – and, we hope, the Schrems II decision. ...more
In a solid step forward for EU to UK personal data transfers, the European Commission has published its draft adequacy decision that will (if finally adopted) permit personal data to flow freely from the EU to the UK. As we...more
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
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
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
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
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
One of the fascinating aspects of the privacy-related negotiations between the EU and the US over the past couple of years has been the EU’s efforts to decouple trade (e.g, TTIP) and security-related negotiations from the...more
The EU has announced that the Commission, Parliament and Council have reached agreement on the final shape of the General Data Protection Regulation. The official version will be available early in 2016, but we will be...more
EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a...more
10/28/2015
/ Article 29 Working Party (WP29) ,
Binding Corporate Rules ,
Data Privacy ,
Data Protection Authority ,
Data Security ,
Enforcement ,
EU ,
EU Data Protection Laws ,
European Commission ,
Facebook ,
Germany ,
Google ,
International Data Transfers ,
LIBE ,
Model Contracts ,
National Security Agency (NSA) ,
Personal Data ,
SCC ,
Schrems I & Schrems II ,
Surveillance ,
US-EU Safe Harbor Framework
The EU Parliament committee that is charged with considering data protection matters (LIBE) has issued a press release calling on the European Commission to take action before the end of 2015 to come up with alternatives to...more
10/14/2015
/ Binding Corporate Rules ,
Data Privacy ,
Data Protection Authority ,
Data Security ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
International Data Transfers ,
LIBE ,
National Security Agency (NSA) ,
Personal Data ,
Prior Express Consent ,
SCC ,
Schrems I & Schrems II ,
Surveillance ,
US-EU Safe Harbor Framework
As I reported earlier today, the Court of Justice of the EU (ECJ) has declared Safe Harbor invalid. The full decision is now available online in English (other languages also available at curia.europa.eu by searching on...more
10/6/2015
/ Binding Corporate Rules ,
Data Controller ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Informed Consent ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
Prior Express Consent ,
US-EU Safe Harbor Framework
The initial reports of the ECJ’s decision in the Schrems Safe Harbor case (C-362/14) indicate that the Court of Justice of the EU has declared Safe Harbor invalid and sent the case back to the Irish Data Protection Authority...more
10/6/2015
/ Binding Corporate Rules ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Informed Consent ,
International Data Transfers ,
National Security Agency (NSA) ,
Personal Data ,
Personally Identifiable Information ,
Prior Express Consent ,
PRISM Program ,
UK ,
US-EU Safe Harbor Framework
Does your company rely on Safe Harbor to transfer personal data from Europe to the US? If so, it’s time to think about alternatives to Safe Harbor – and fast....more
9/23/2015
/ Binding Corporate Rules ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Informed Consent ,
International Data Transfers ,
National Security Agency (NSA) ,
Personal Data ,
Personally Identifiable Information ,
UK ,
US-EU Safe Harbor Framework ,
Young Lawyers
The draft Data Protection Regulation doesn’t offer many carrots to business – and a recent announcement by the Council of the European Union takes away one of the biggest carrots, the “One-Stop Shop” mechanism....more
(LONDON) The European Commission, which has the authority to make changes to the US Safe Harbor program, has published a paper titled “Rebuilding Trust in EU-US Data Flows” that sets out the changes that the Commission would...more
(LONDON) The European Commission recently published a draft “Cybersecurity Directive” which aims to increase the level of preparedness across the EU to deal with threats to network and information security. The Directive...more
The European Parliament recently published a report on the European Commission’s draft of a new EU Data Protection Regulation. The report, which includes the European Parliament’s proposal for a revised draft of the...more
Sometimes the most interesting things that emerge from conferences are whispered across the aisle just after a presentation or debated by attendees off-site over a glass or two of wine....more