News & Analysis as of

Safe Harbors Ireland

Cadwalader, Wickersham & Taft LLP

Fund Finance – Positive Developments for Sponsors and Investors under Ireland’s Investment Limited Partnership 2.0 Regime

Why is this topic suddenly of interest? Irish Investment Limited Partnerships (“ILPs”) have been around since the introduction of the Investment Limited Partnership Act in 1994 (the “1994 Act”). Due to certain requirements...more

Womble Bond Dickinson

Irish Data Case Against Facebook Could Complicate All Data Transfers to the US

Womble Bond Dickinson on

Will the EU finally deny the right to transfer any personal data from its shores to the United States? Its privacy decisions have been inching closer to this determination for years, and an Irish case against Facebook may tip...more

Fox Rothschild LLP

Facebook Loses Bid To Keep Data Transfer Dispute Out Of EU Court Of Justice

Fox Rothschild LLP on

Facebook has failed to prevent its feud with an Austrian privacy activist over the legality of two widely used mechanisms for transferring data between the European Union and the U.S., from reaching the EU Court of Justice....more

BCLP

Schrems Redux: What's the Future for Transatlantic Data Transfers?

BCLP on

What Now? With its decision on Tuesday 3 October 2017 referring a preliminary question on the validity of the European Union’s “standard contractual clauses” (“SCC”) regime to the Court of Justice of the European Union...more

Wilson Sonsini Goodrich & Rosati

European Court of Justice to Rule on Validity of Standard Contractual Clauses

On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large...more

Foley Hoag LLP - Security, Privacy and the...

EU Updates on Schrems II and the Privacy Shield

The current challenge to Facebook’s privacy practices in Ireland (“Schrems II”) may be coming to a head. You will recall that in Schrems I, the challenge to Facebook’s privacy practices led to a decision issued by the...more

Dechert LLP

MiFID II Regulations Transposed into Irish Law

Dechert LLP on

The European Union (Markets in Financial Instruments) Regulations 2017 (S.I. 375/2017) (the “MiFID II Regulations”) were signed into law on 10 August 2017 and are now publicly available....more

Dechert LLP

Ireland Retains Safe Harbour Regime for Wholesale MiFID Firms

Dechert LLP on

The Department of Finance has issued its Feedback Statement on its public consultation on national discretions under MiFID II. The consultation dealt with the exercise of national discretions in relation to the implementation...more

K&L Gates LLP

Brussels Regulatory Brief: September/October

K&L Gates LLP on

On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

Robinson+Cole Data Privacy + Security Insider

EU safe harbor update

Last week, the Vienna Higher Regional Court ruled that most of Max Schrems’ claims against Facebook can proceed, including his claim that Facebook improperly allowed his personal information to be shared with the National...more

Orrick, Herrington & Sutcliffe LLP

Does the Schrems Decision Open the Door to New Cyber Insurance Exclusions?

The shockwaves continue from the October 6, 2015 ruling of the Court of Justice of the European Union (CJEU), the European Union’s highest court, invalidating the U.S.-EU “Safe Harbor” data transfer regime in a controversy...more

Thomas Fox - Compliance Evangelist

Whom Should You Suspend During an Internal Investigation?

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...more

Stinson LLP

EU Strikes Down the Safe Harbor Framework for Transatlantic Data Transfers: What You Should Know and What to Do Next

Stinson LLP on

The European Court of Justice has declared invalid the Safe Harbor data-transfer agreement that has governed EU data flows across the Atlantic for the last 15 years. Thousands of U.S. companies have relied on the Safe Harbor...more

Robinson+Cole Data Privacy + Security Insider

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

Orrick, Herrington & Sutcliffe LLP

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

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

Orrick, Herrington & Sutcliffe LLP

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

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

Thomas Fox - Compliance Evangelist

Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows, producer Val Lewton, whose films for RKO had some of the...more

Cozen O'Connor

The “Other” Safe Harbor: OIG Warns Healthcare Providers and Vendors Against Information Blocking and Federal Anti-Kickback...

Cozen O'Connor on

For those of us who work in the privacy and security space this past week has been a whirlwind with focus on the ramifications of the European Court of Justice (ECJ) decision invalidating the EU-U.S. Safe Harbor Agreement....more

McGuireWoods LLP

Means, Other Than Safe Harbor, of Transferring Personal Data to the U.S. Potentially Vitiated?

McGuireWoods LLP on

After the decision of October 6, 2015, of the Court of Justice of the EU (CJEU) invalidating the decision from the EU Commission (Decision 2000/520) on the Safe Harbor, transfer of personal data to the U.S. based on Standard...more

Thomas Fox - Compliance Evangelist

Compliance at the Tipping Point, Part IV – The Schrems Decision

I continue my exploration of why I believe that compliance is at the Tipping Point, with today’s entry of data point four, which is last week’s decision by the European Court of Justice (ECJ) in the Schrems case. While most...more

Orrick, Herrington & Sutcliffe LLP

Privacy, Security, Risk: What You Missed At IAPP Conference

Earlier this month, privacy and security professionals from around the globe gathered for “Privacy. Security. Risk. 2015”—the second joint conference between the International Association of Privacy Professionals and the...more

Gray Reed

Why You Care The E.U. Struck Down Safe Harbor Data Protection And What to Do About it [Updated]

Gray Reed on

Earlier this month the Court of Justice of the European Union struck down the EU-U.S. Safe Harbor Framework which previously provided U.S. companies comfort in that they could follow the framework and know they were not...more

BakerHostetler

What Now? What Next? FAQs and Answers Regarding the Safe Harbor Decision

BakerHostetler on

As we discussed in our blog post last week, on October 6, 2015, the Court of Justice of the European Union issued a judgment that invalidated the EU-U.S. Safe Harbor Framework. For the past 15 years, thousands of companies...more

Faegre Drinker Biddle & Reath LLP

FTC's Safe Harbor for Data Transfers Declared Invalid

The Court of Justice of the European Union has issued a landmark judgment in Schrems v Data Protection Commissioner (Case C-362/14) that invalidates the Federal Trade Commission’s (FTC) Safe Harbor Framework. The decision has...more

Epstein Becker & Green

European Court of Justice Invalidates U.S.-EU Safe Harbor

Epstein Becker & Green on

On October 6, 2015, the European Court of Justice (“ECJ”), the top court of the European Union (“EU”), released its opinion in Maximillian Schrems v. Data Protection Commissioner (C-362/14), invalidating the U.S.-EU Safe...more

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