News & Analysis as of

Article 29 Working Group

UK ICO and Article 29 Working Party Weigh in on Proposed ePrivacy Regulation

by WilmerHale on

While companies prepare for the EU General Data Protection Regulation (GDPR) to take effect in May 2018, another highly significant item on the agenda is arguably the current review process of the proposal for a Regulation on...more

A Tale of Shields & Swords or Are Data Transfers between the EU and the US legal once again?

by Hirschfeld Kraemer LLP on

The world changed on October 6, 2015; well, at least the world of data transfer between the European Union and the U.S. On that day, the European Court of Justice issued its “Schrems” judgment (case C-362/14) declaring the...more

EU-U.S. Privacy Shield Text Released

by McGuireWoods LLP on

Yesterday the European Commission published the draft legal texts for the new data transfer agreement – the “EU-U.S. Privacy Shield” – that was reached at the beginning of February. The EU Commission also released a draft...more

European Commission and U.S. Department of Commerce Release Legal Foundation of EU-U.S. Privacy Shield

by WilmerHale on

On Monday, February 29th, the European Commission and U.S. Department of Commerce released a collection of documents summarizing actions taken on both sides of the Atlantic to implement the new Privacy Shield framework. This...more

Privacy Shield Details Released

As we previously reported, EU and US officials have reached an agreement to implement a program known as the EU-US Privacy Shield. The Privacy Shield is a successor to the US-EU Safe Harbor program, which was invalidated...more

“Privacy Shield” to Replace Safe Harbor as a Path for Transatlantic Transfers of Personal Data

by WilmerHale on

Attorneys in WilmerHale's Cybersecurity, Privacy and Communications Practice recently wrote about the new EU-US Privacy Shield rolling out to replace Safe Harbor. We wanted to share this content with our startup audience as...more

Safe Harbor is dead, long live Safe Harbor!

by White & Case LLP on

News broke late February 2, 2016 that the United States and the European Union Commission have agreed upon a revised and updated version of the U.S.-EU Safe Harbor, providing a new framework for transfers of personal data...more

Opinion of Prof. Lokke Moerel of Morrison & Foerster on the impact of the ECJ Safe Harbor Decision on the alternative transfer...

by Morrison & Foerster LLP on

Crucial decision by Working Party 29 expected February 3, 2016 on validity of Standard Contractual Clauses and Binding Corporate Rules for data transfers to U.S. Following the judgement of the European Court of Justice...more

International data transfer news… a bit like buses

You know how you wait for ages for a bus to come (well, we do in Europe) and then three come along at once? Well it’s a little like that in the data privacy arena right now, as far as transfer of international personal 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

United States and European Union Reach Agreement in Principle for Continued Transatlantic Data Transfers Following Safe Harbor...

In the wake of the European Court of Justice’s (“CJEU”) landmark decision of Schrems v. Data Protection Authority earlier this month, the EU Justice Commissioner Vera Jourova announced this week that the EU has “agreed in...more

Safe Harbor – What Happens Now?

by Allen & Overy LLP on

Huge uncertainty has been caused by the recent judgment of the Court of Justice of the European Union (CJEU) on 6 October that the Safe Harbor decision by the European Commission is invalid. Many companies which previously...more

German Data Protection Authorities Limit Use of Alternative Data Transfer Mechanisms in Light of Safe Harbor Decision

by BakerHostetler on

In the weeks since the October 6, 2015, Court of Justice of the European Union decision (“CJEU Decision”) that invalidated the EU-U.S. Safe Harbor framework, companies have been faced with the quandary of establishing legal...more

Safe Harbor Ruling: Company Considerations and Near Term Strategies

by Locke Lord LLP on

Following the landmark judgment of the CJEU on 6 October 2015, which declared the U.S.-EU Safe Harbor scheme invalid and allowed national supervisory authorities to evaluate whether an adequate level of protection is provided...more

German Data Protection Authorities: Hope for Model Contracts?

by Latham & Watkins LLP on

An early Position Paper of the German data protection authority of Schleswig-Holstein on the Schrems Judgment of the Court of Justice of the European Union (ECJ) gave little hope for practical alternatives to Safe Harbor. On...more

German DPAs Add Further Pressure to EU-US Data Transfers

Yesterday, German federal and state (Länder) data protection authorities ("DPAs") issued a Position Paper following the recent Court of Justice of the European Union ("CJEU") ruling that struck down the EU-US Safe Harbor...more

Safe Harbor Invalidated by the CJEU; Are There Other Solutions for Transatlantic Transfers?

by McGuireWoods LLP on

After the October 6, 2015, decision of the CJEU, it is clear that transfers of personal data may no longer take place under the Safe Harbor. This was confirmed with no ambiguity by the Article 29 Working Party (Group 29,...more

EU safe harbor update

A lot has happened since the European Court of Justice’s declaration that the EU-US safe harbor framework is invalid. First, the Article 29 Working Party, an organization comprised of representatives from each data...more

No Longer a Safe Harbor? What the European Court's Recent Ruling Means for Pension Schemes

by Dentons on

The Court of Justice of the European Union (CJEU) recently handed down its decision in the Schrems case. It agreed with the Advocate General and effectively decided as follows: - the fact that the EU Commission...more

Alert: Still Not Safe: The Global Impact of Safe Harbor Ruling

by Cooley LLP on

It's been over two weeks since the European Court of Justice (CJEU) sent shock waves through the almost 4,500 companies that had previously relied on the US-EU Safe Harbor framework. Read more about the ruling itself here....more

European Court Invalidates Safe Harbor for Transatlantic Personal Data Transfer

An October 6, 2015 decision by the European Court of Justice (ECJ) could significantly alter the framework by which U.S. companies transfer data across the Atlantic, as the ECJ found the EU-U.S. Safe Harbor framework (the...more

The Article 29 Working Party releases statement on Safe Harbor

by Reed Smith on

Background On 16 October, the Article 29 Working Party released a statement (“Statement”) on the implications of the Court of Justice of the European Union’s (“CJEU”) judgment in Maximillian Schrems v Data Protection...more

Safe Harbor Update: Safe Harbor Sequel Coming Soon?

by McDermott Will & Emery on

As we wrote on October 6, 2015, the Court of Justice of the European Union (CJEU) announced its invalidation of the U.S.-EU Safe Harbor program as a legally valid pathway for transferring personal data of European Union (EU)...more

EU Working Party Issues Statement on CJEU’s Invalidation of Safe Harbor Framework

by Orrick - Trust Anchor on

The European Court of Justice’s (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more

EU Data Protection Authorities Issue Statement Following Schrems Decision

On October 16, 2015, the body of European data protection regulators (Article 29 Working Party or WP29) issued a statement on the implementation of the judgement of the Court of Justice of the European Union (CJEU) in...more

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