The EU-U.S. Privacy Shield has survived its infancy, although the October 18, 2017 European Commission report on its first annual review of the functioning of the EU-U.S. Privacy Shield (the “Report”) leaves uncertainty as to the long-term future of EU-U.S. Privacy Shield if the U.S. is unwilling or … Read More
On 6th April, 2017, the European Parliament adopted a resolution stating that there are deficiencies in the EU-US data transfer accord Privacy Shield which must be “urgently resolved” in order to give citizens and companies legal certainty. MEPs called on the EU Commission to conduct an assessment and to ensure … Read More
The decision by the Court of Justice of the European Union (the CJEU) on Oct. 6, 2015, invalidating the U.S.-EU Safe Harbor Decision (the Judgment) is a landmark judgment. Case C-362/14 Maximillian Schrems v Data Protection Commissioner  ECLI: EU:C:2015:650. By voiding the legal basis for transatlantic data transfers for … Read More
Following the establishment of the E.U. – U.S. Privacy Shield last summer, Switzerland has now agreed to a similar framework facilitating the transfer of personal data from Swiss companies to companies based in the United States (hereinafter “Swiss – U.S. Privacy Shield” or “Privacy Shield”) that will allow companies … Read More
2016 was a year of seismic changes in the global data protection and privacy landscape. Here, we look back at the top ten events and issues that shaped 2016, and are poised to shape the year ahead as well.
Year In Review
1. GDPR Adoption
On April 14, the European … Read More
*This post first appeared in Lawfare on January 17, 2017.
As the new administration takes office this week, we will start to see just how literally to take Donald Trump’s pronouncements and the promised targeting of his predecessor’s executive orders for immediate destruction. Trade policy appointments signal that statements about … Read More
On December 13, 2016 at its plenary meeting, the EU’s Article 29 Working Party (“WP29”) adopted guidance on the EU-US Privacy Shield Framework for businesses and individuals in Europe. Since the U.S. Department of Commerce began accepting certifications to the Privacy Shield in August 2016, almost 1,300 companies … Read More
As part of a housekeeping effort, the U.S. Copyright Office issued a final rule that changes the designated agent mechanism protecting online service providers from certain copyright infringement liability under the Digital Millennium Copyright Act (“DMCA”). Companies will now have to re-register every three years, and existing registrations will cease … Read More
The future of privacy and cybersecurity under President-elect Trump – with a Republican-controlled House and Senate – is far from certain, but his campaign comments indicate an emphasis on robust cybersecurity, perhaps with more openness to both offensive as well as defensive initiatives.… Read More