Category

Safe Harbor/Privacy Shield

03 February 2016

Article 29 Working Party Confirms that EU Standard Contractual Clauses and Binding Corporate Rules are Still Valid – for the Time-Being

The Article 29 Working Party has confirmed in a statement that EU Standard Contractual Clauses and Binding Corporate Rules are still valid data transfer mechanisms for the time being. The announcement was made following a meeting held to discuss the consequences of the Court of Justice of the European Union’s … Read More

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02 February 2016

New Framework on Transatlantic Data Flows Agreed – the “EU-US Privacy Shield”

The European Commission has announced that a political agreement has been reached on a new framework on transatlantic data flows. The announcement was made in a press conference on  February 2nd by Vice President Ansip and Commissioner Jourová , in which the Commissioner expressed the hope that the new framework, … Read More

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25 January 2016

Essentially Equivalent: A Comparison of the Legal Orders for Privacy and Data Protection in the European Union and United States

In a milestone decision on transatlantic data protection, the Court of Justice of the European Union (CJEU) issued its judgment in the Schrems case, declaring the Commission decision on the EU-U.S. Safe Harbor agreement invalid. The CJEU declared that such a decision requires a finding that the level of protection … Read More

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11 January 2016

Top Ten Data Protection and Privacy Issues to Watch in 2016

*This post originally appeared in Law360 on January 7, 2016.

While 2015 was a big year in data, 2016 may prove to be even bigger.  Many hot button and game changing topics are being debated in legislative bodies and campaign trails, regulators are focused, and privacy-related litigation continues to rise. … Read More

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06 November 2015

European Parliament Adopts Surveillance Resolution Aimed at Mass Surveillance and Prompting Progress on Safe Harbor 2.0

On October 29, 2015, the European Parliament adopted a resolution on the electronic mass surveillance of EU citizens (the “Resolution”). Positioned as a follow-up to its resolution of 12 March 2014 in which the Parliament called for the immediate suspension of Safe Harbor and put forward a number of recommendations … Read More

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04 November 2015

EU Commissioner Jourová encourages further progress amidst Safe Harbor fall out

The 37th Annual International Conference of Privacy Commissioners in Amsterdam last week was long planned around the proposals of the transatlantic Privacy Bridges Project for a series of concrete steps to bring the U.S. and EU closer together on privacy.  But, with the CJEU’s Schrems decision blowing up the Safe … Read More

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25 October 2015

Safeguards and Oversight of U.S. Surveillance Under Section 702

In Schrems v. Data Protection Commissioner, the Court of Justice of the European Union invalidated the US-EU Safe Harbor agreement on the basis that the European Commission had failed to sufficiently assess the protection of personal data of Europeans under the U.S. data protection regime. The Court alluded to … Read More

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16 October 2015

European Data Protection Authorities Give Companies Three Months to Assess New International Data Transfer Solutions and Call “Urgently” for Safe Harbor 2.0 – Model Contracts and Binding Corporate Rules Remain Viable

The Article 29 Working Party, which includes representatives from all EU Data Protection Authorities, released its much-awaited guidance on the judgment by the European Court of Justice declaring the European Commission’s decision on the Safe Harbor to be invalid. Described as “a collective and common position on the judgment,” the … Read More

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08 October 2015

The U.S. Government Largely Has Itself to Blame for the EU Court’s Safe Harbor Decision

Originally posted by the Council on Foreign Relations Net Politics Blog on October 8, 2015.

In a decision Tuesday that was as shocking as it was predictable, the Court of Justice of the European Union (CJEU) invalidated the U.S.-EU Safe Harbor for westward bound international transfers of personal data. The … Read More

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