In case you had not heard, the European Union is replacing its current privacy laws with a new, comprehensive General Data Protection Regulation (GDPR), which takes effect May 25, 2018. The essential principles of the EU’s...more
2/13/2018
/ Cybersecurity ,
Data Breach ,
Data Collection ,
Data Processors ,
Data Protection ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
International Data Transfers ,
Life Sciences ,
Medical Records ,
Personal Data ,
Personally Identifiable Information ,
Third-Party Service Provider ,
US-EU Safe Harbor Framework
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
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
US companies and policy makers will no doubt spend a good chunk of the day today considering the possible implications for them of yesterday’s UK vote for Brexit. Mark Carney, Governor of the Bank of England, has issued a...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 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
No news is not good news this time. The January 31 deadline for getting a new Safe Harbor Agreement in place came and went last weekend. Commissioner Jourova, who is leading the Safe Harbor 2.0 negotiations for the EU,...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
There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially...more
1/29/2016
/ Binding Corporate Rules ,
Corporate Counsel ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Popular ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework ,
Young Lawyers
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
The European Court of Justice (ECJ) has announced that it will release its decision in the Schrems Safe Harbor case on Tuesday, October 6. It is highly unusual for the ECJ to issue a decision so quickly after publication of...more
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