NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
On 9 July 2019, the Court of Justice of the European Union (CJEU) in Luxembourg heard a case brought by privacy-rights activist Max Schrems (C-311/18, Data Protection Commissioner v Facebook Ireland Limited, Maximilliam...more
The implementation of the European Union (EU)’s General Data Protection Regulation (GDPR) has raised a number of questions as to how best to approach cross-border discovery. Friction between legal holds and the “right of...more
Hot on the heels of the European Commission’s official review of the functioning of the EU-U.S. Privacy Shield framework, the Article 29 Working Party (Working Party) of EU data protection regulators has issued its own report...more
On December 6, 2017, the European Union’s Article 29 Working Party released two sets of guidelines on Binding Corporate Rules (“BCRs”) it had adopted a week earlier. BCRs are internal rules that define a group of companies’...more
Article 29 Working Party on the EU-US Privacy Shield: The EU’s Article 29 Working Party analyzed the final version of the Privacy Shield and issued a statement on July 26, 2016. What does this mean?...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
On July 12, 2016, the European Commission adopted the EU-US Privacy Shield, a framework designed to replace the invalidated Safe Harbor program. In theory, the Privacy Shield offers its adherents a relatively simple,...more
Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more
The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last month, stating that although the Privacy Shield was a “great step...more
As we previously reported, this February, United States (U.S.) and European Union (EU) negotiators announced the “U.S.-EU Privacy Shield” as a replacement to the U.S. Safe Harbor. Many U.S. companies relied on the Safe Harbor...more
News & Legislation Update - Gender Pay Gap Reporting Draft Regulations published - The first draft of regulations requiring any employer in the UK with at least 250 employees to publish information about the...more
The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last week, stating that although the Privacy Shield was a “great step...more
On April 13, 2016, the Article 29 Working Party, which is a group composed of representatives of the national data protection authorities in Europe (“WP29”), published its opinion (“Opinion”) on the EU–U.S. Privacy Shield....more
European Commission may need to revise the draft proposal to meet the concerns expressed by the Article 29 Working Party. As we reported in a previous LawFlash (European Commission Releases Details of New EU-US Privacy...more
On April 13, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued its opinion on the new EU-U.S. Privacy Shield.1 The WP29 acknowledged that progress has been made with...more
With the Article 29 Working Party’s position on the adequacy of the EU-U.S. Privacy Shield framework agreement (Privacy Shield) decision expected this week, U.S. businesses should be evaluating privacy options and preparing...more
On February 29 the European Commission released its Draft Adequacy Decision and supplemental documents on the EU-U.S. Privacy Shield (“Privacy Shield”), giving businesses that transfer data from the European Union to the...more
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
The new EU-US Privacy Shield seeks to address the European Court of Justice’s criticisms in Schrems after the decision invalidated the Safe Harbor program for EU-US data transfers. On February 29, the EU Commission...more
In a development eagerly anticipated by businesses on both sides of the Atlantic, the European Commission has published the legal instruments needed to put in place the “EU-U.S. Privacy Shield” for transfers of personal data...more
On February 29, 2016, the European Commission (EU Commission) unveiled the text of the EU-U.S. Privacy Shield (Privacy Shield). The Privacy Shield is designed to replace the invalidated EU-U.S. Safe Harbor Framework and to...more
On February 2, 2016, the European Commission (EC) and the U.S. Department of Commerce (Commerce) announced that they had reached agreement on a new data transfer safe harbor arrangement for the transfer of personal data from...more
The decision of the Court of Justice of the European Union (CJEU) to invalidate Safe Harbor in October 2015 sent shockwaves throughout the international business community. Safe Harbor was a certification mechanism that...more
As negotiators for the US Department of Commerce (“DOC”), Federal Trade Commission (“FTC”), and the European Commission move towards an agreement intended to allow continued US-EU data transfers, a closer look at the history...more
Significant uncertainty and concern regarding US companies’ ability to process and use personal data received from the EU has loomed since the October 2015 decision by Europe’s highest court invalidating the EU-US Safe...more