With the August 1st start of the Privacy Shield, the European Commission’s new and long-awaited transatlantic data transfer agreement with the U.S., businesses that had previously relied on the invalidated Safe Harbor scheme...more
U.S. organizations that collect, receive, handle, or process EU citizens' personal data are generally subject to EU privacy and data protection laws. With the loss of the "Safe Harbor" data transfer framework in October...more
On July 12, 2016, the EU Commission and the U.S. Secretary of Commerce announced the adoption of the EU-U.S. Privacy Shield (Privacy Shield). This announcement follows today's adequacy decision by the College of EU...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
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
As if were any surprise, last Friday, November 6, the EU Commission issued a Communication on the Transfer of Personal Data from the EU to the US, following the Judgment by the Court of Justice in Schrems declaring the Safe...more
On November 6, the European Commission issued a comprehensive Communication on the consequences of the Schrems Judgment of the Court of Justice of the European Union (ECJ). In the Communication, the Commission puts national...more
On November 6, 2015, the European Commission released a widely-anticipatedCommunication assessing the impact of the judgment of the European Court of Justice (“ECJ”) in the Schrems case (C-362/14), which invalidated the...more
With EU-U.S. data transfer scheme Safe Harbor being found to be “invalid” recently by Europe’s top court, pressure has increased on U.S. and EU officials to put aside differences and see if an alternative 2.0 scheme could be...more
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
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
On Monday, October 26, European Union Justice Commissioner Vera Jourová delivered a speech before the European Parliament in which she noted that the European Union and the United States had agreed “in principle” on a new...more
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
Over the course of the coming weeks, we will examine the various options available to companies in light of the European Court of Justice’s (CJEU) decision invalidating the US-EU Safe Harbor framework, including model...more
Following a September 23, 2015 opinion by Advocate General (AG) Bot that the US-EU Safe Harbor framework, which provided for the "safe" transfer of personal data from the EU to the US, did not provide sufficient guarantees...more
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
With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more
Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a...more
A landmark decision of the European Court of Justice (ECJ) has held that companies may no longer rely on “Safe Harbour” to justify transferring personal data from the European Union to the US, because the US Government has a...more
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
The so-called “Article 29 Working Party” of EU Data protection officials from the 28 EU member states today released a much-anticipated press release regarding the Court of Justice of the European Union (CJEU) landmark...more
On October 14, 2015, the data protection commissioner from the German state of Schleswig-Holstein issued a position paper declaring that the use of model contract clauses by U.S. companies and European employees’ consent to...more
In a concise statement, the Article 29 Working Party (WP29), a consortium of European Data Protection Authorities (DPAs), released a position paper today about the landmark ruling of the European Court of Justice in...more
The so called Article 29 Working Party met on October 15, 2015 to discuss the consequences of the Schrems Judgment of the European Court of Justice (ECJ). On October 16, 2015, the Working Party published a Statement...more
Last week Europe's highest court, the Court of Justice of the European Union, (CJEU) declared the Safe Harbor framework invalid. You can read more about the decision in our previous alerts here. Although it is unlikely that...more