EU-U.S. Privacy Shield challenged in CJEU
Two legal challenges have been filed at the Court of Justice of the European Union (“CJEU”) against the European Commission’s adequacy decision on the EU-U.S. Privacy Shield. Privacy Shield was adopted on July 12, 2016 after the CJEU struck down the earlier Safe Harbour agreement in October 2015 over concerns … Read More
European Commission Considering Amendments to Standard Contractual Clauses for International Data Transfers
The European Commission has drafted amendments to the adequacy decisions that underpin the European Union’s Standard Contractual Clauses (“SCCs”) that allow businesses to transfer personal data originating in the European Economic Area (“EEA”) outside of the EEA. While the Commission has not published the full text … Read More
Evaluating the Dwindling Privacy Shield Grace Period
Now that we are into September, you may be hearing more about the Privacy Shield for transfers of personal data from the EU to the U.S., and in particular the 9 month “grace period” to fully implement the Privacy Shield for companies that certify within the first two months … Read More
Privacy Shield Now Available for Certification
From Monday August 1, 2016, companies will be able to self-certify under the EU-US Privacy Shield (www.privacyshield.gov). The Privacy Shield was adopted on July 12, 2016 and is intended as a replacement to the now invalidated Safe Harbor framework. Companies preparing to self-certify their adherence to the Privacy … Read More
EU Data Protection Authorities Adopt One-Year “Wait and See” Position On Privacy Shield
The Article 29 Working Party, on July 26, 2016 issued a statement on the final form of the EU-US Privacy Shield, which was formally adopted on July 12, 2016. Speaking at a press conference, Isabelle Falque-Pierrotin, chairman of the Article 29 Working Party, stated that the EU data protection authorities … Read More
Privacy Shield: Essentially Equivalent
With the final Privacy Shield decision, the European Commission and United States Government have concluded several years of discussion and negotiation concerning the Safe Harbour framework and the new Privacy Shield. The effort and thought by negotiators, EU institutions, and stakeholders alike to reach this point reflect the importance of … Read More
Formal Adoption of EU-US Privacy Shield
After many months of negotiation and review the EU-US Privacy Shield was formally adopted by the European Commission on July 12, 2016. This came just a few days after the Article 31 Committee approved the updated text of the EU-US Privacy Shield on July 8, 2016.
Privacy Shield Text Updated
The final text of the much anticipated EU-US Privacy Shield has been sent by the European Commission for review and approval to the Article 31 Committee, which includes representatives from all 28 Member States. Approval by the Article 31 Committee will pave the way for a final decision by the … Read More
Post-Brexit EU May Be Stranded By Its Own Data Rules
*This article first appeared in Forbes on July 1, 2016.
So now the European Union’s “sceptered isle” has voted to sever its bonds with its continental partners – with the wish that (as described in a Shakespeare passage memorized by every English schoolchild for generations) it can be set off … Read More
Amid news of Brexit, UK ICO seeks to provide reassurance
As the world began to grapple with the implications of the UK’s vote to withdraw from the European Union, or “Brexit,” the UK Information Commissioner has sought to provide reassurance, issuing a statement reinforcing continuity of data protection principles and a commitment to the digital economy.