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Commission Press Release and FTC Fact Sheet outlines the new EU-US “Privacy Shield”

Posted in European Court of Justice, European Union, Privacy Regulation, Privacy Shield, Safe Harbor

Update: The US Commerce Department has released a “fact sheet” on the new Privacy Shield agreement.   The European Commission has issued a press release that gives an outline of some key changes to the EU-US safe harbor, now dubbed the “Privacy Shield.”  The new accord still needs to be reviewed by the Article 29 Working… Continue Reading

Political Agreement Reached on US-EU Safe Harbor; Details “Hazy”

Posted in EU Data Protection Regulation, European Court of Justice, European Union, Safe Harbor

According to press reports, European Union and U.S. negotiators in Brussels finalized what is being called a “political agreement” on a new Safe Harbor transatlantic data transfer agreement. European Union justice commissioner Vera Jourová will present the agreement to the European Commission’s 28 commissioners today.

EU update: Safe Harbor 2.0 deadline passes without agreement; Art. 29 WP views on BCRs and model clauses expected tomorrow

Posted in European Union, Safe Harbor

No news is not good news this time.  The January 31 deadline for getting a new Safe Harbor Agreement in place came and went last weekend.  Commissioner Jourova, who is leading the Safe Harbor 2.0 negotiations for the EU, reported on the negotiation’s status last evening to LIBE, the European Parliament committee that oversees privacy… Continue Reading

Running Aground in the Surveillance Safe Harbor – Podcast Available

Posted in EU Data Protection Regulation, European Court of Justice, European Union, Federal Trade Commission, Privacy Regulation, Safe Harbor

If you would like to learn more about the politics and law behind the current Safe Harbor 2.0 negotiations, download the podcast of Running Aground in the Surveillance Safe Harbor, a teleforum hosted by the Federalist Society.  The podcast features moderator Matthew R.A. Heiman, Vice President, Chief Compliance & Audit Officer, Tyco International; Stewart A. Baker, Partner, Steptoe &… Continue Reading

Tying it all together: Safe Harbor and Security-Related Data Flows

Posted in EU Data Protection Regulation, European Court of Justice, European Union, Federal Trade Commission, Safe Harbor

One of the fascinating aspects of the privacy-related negotiations between the EU and the US over the past couple of years has been the EU’s efforts to decouple trade (e.g, TTIP) and security-related negotiations from the Safe Harbor 2.0 negotiations. The US Senate’s Judiciary Committee pushed back firmly on that yesterday when it adopted amendments… Continue Reading

(So) What if there’s no Safe Harbor 2.0?

Posted in Data Breach, Data Breach Notification, Data Compliance & Security, EDPS, Employee Privacy, EU Data Protection Regulation, European Court of Justice, European Union, Federal Trade Commission, Legislation, Privacy Regulation, Safe Harbor

There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially illegal personal data transfers to the US.  But if it doesn’t happen, the US is actually not any worse… Continue Reading

The Exception that Proves the Rule? European Court of Human Rights Okays Employer’s Access to Personal Communications of Employee In (Highly) Limited Circumstances

Posted in Employee Privacy, European Union

The European Court of Human Rights recently ruled in Bărbulescu v. Romania (Application no. 61496/08) that a Romanian employer did not violate its employee’s fundamental right of privacy when the employer accessed personal messages in the employee’s Yahoo! Messenger account.  Numerous newspapers and other media sources quickly declared employee privacy dead as a result of… Continue Reading

The EU Commission’s spin on the new General Data Protection Regulation

Posted in Data Breach, Data Breach Notification, Data Compliance & Security, EDPS, EU Data Protection Regulation, European Union, Events and Webinars, Safe Harbor, Uncategorized

The European Union Commission has issued a fact sheet on the new General Data Protection Regulation (final post-trilogue text available via Statewatch).  The Commission claims that the Regulation is good for individuals and good for business.  We’ll leave that to readers . . . and history . . . .to decide. As regulations go, the… Continue Reading

REMINDER: Webinar TOMORROW — Getting to Grips with the New EU General Data Protection Regulation: Key Changes and What You Need to Do to Prepare

Posted in EU Data Protection Regulation, European Union, Events and Webinars, Uncategorized

Don’t forget to join us tomorrow afternoon – Tuesday – at 1 PM ET for a webinar discussion on the New EU General Data Protection Regulation. What’s next? What are the key changes? What do you need to do to prepare? Registration is here.

Key EU Parliamentary Committee Votes to Adopt the General Data Protection Regulation

Posted in Data Breach, Data Breach Notification, Data Compliance & Security, EDPS, Employee Privacy, EU Data Protection Regulation, European Union

As expected, the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (also known as LIBE) voted today to adopt the new General Data Protection Regulation (see the summary we provided yesterday here).  A LIBE press release announced the vote with the proclamation “New EU rules on data protection put the citizen back in the driving seat.”  The vote was… Continue Reading

The General Data Protection Regulation in Bullet Points

Posted in Data Breach, Data Breach Notification, Data Compliance & Security, EDPS, Employee Privacy, EU Data Protection Regulation, European Union, Privacy Regulation, Safe Harbor, Security, Social Media

Updated at 8:50 pm GMT on 16 December 2015. The new General Data Protection Regulation is effectively a “done deal” following the final trilogue meeting on December 15.  One might assume based on UK media coverage that the biggest change in EU privacy law is that kids under 16 will need their parent’s consent to… Continue Reading

Privacy Monday: November 9, 2015 – EU/Safe Harbor Updates

Posted in Employee Privacy, European Court of Justice, European Union, Privacy Monday, Safe Harbor

And the days dwindle down, to a precious few … November … We are still following developments in the EU relating to the invalidation of the US-EU Safe Harbor Framework.   In case you were on a secluded island during the month of October, you can catch up here. European Commission Issues Communication.  On Friday, the… Continue Reading

EU Round-UP: Safe Harbor 2.0 and Upcoming National Challenges

Posted in EU Data Protection Regulation, European Court of Justice, European Union, Privacy Regulation, Safe Harbor

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 new Safe Harbor program. Jourova noted that the collection and use of European personal data for US national security purposes… Continue Reading

More Dominos Fall on the Data Protection Table

Posted in EU Data Protection Regulation, European Court of Justice, European Union, Safe Harbor

As all of our readers know by now, as of October 6, the US-EU Safe Harbor Framework is no more.   Safe Harbor was the mechanism on which thousands of US companies (and thousands of companies based in the European Union) legitimized their data transfers from the EU to the US.  All the background, including links to a… Continue Reading

Irish High Court Quashes Irish Data Protection Commission Original Schrems’ Decision

Posted in EU Data Protection Regulation, European Court of Justice, European Union, Safe Harbor

The Irish High Court today has ordered the Irish Data Protection Commissioner (DPC) to investigate Facebook’s European data privacy practices, bringing Max Schrems’ three-year fight full circle.  The Court today quashed the original DPC refusal to examine Schrems’ complaint that came back to the High Court after the referral to the European Court of Justice… Continue Reading

EU Data Protection Authorities Issue Joint Statement on Invalidation of Safe Harbor: Not Much Help Here

Posted in European Court of Justice, European Union, Safe Harbor

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 decision invalidating the US-EU Safe Harbor framework. US companies hoping for some guidance on managing cross-border data transfers will be sorely disappointed…. Continue Reading

EU Parliament Committee calls on the Commission for immediate action on US data transfers

Posted in Data Compliance & Security, EU Data Protection Regulation, European Court of Justice, European Union, Legislation, Safe Harbor, Social Media

The EU Parliament committee that is charged with considering data protection matters (LIBE) has issued a press release calling on the European Commission to take action before the end of 2015 to come up with alternatives to Safe Harbor.  Importantly, LIBE has also called on the Commission to reassess whether the European Court of Justice’s… Continue Reading

REMINDER: Webinar TODAY — EU-US Safe Harbor Program and the Court of Justice of the EU’s Decision — Protect Your Business!

Posted in European Court of Justice, European Union, Events and Webinars, Safe Harbor

Don’t forget to join us this afternoon – Wednesday – at 3 PM ET for a webinar discussion of the European Court of Justice’s game changing decision invalidating the US-EU Safe Harbor framework.   What’s next?  What should be your Plan B? Registration is here.

Safe Harbor Invalidated – What’s Next on the Chopping Block?

Posted in Data Compliance & Security, Employee Privacy, EU Data Protection Regulation, European Court of Justice, European Union, Privacy Regulation, Safe Harbor, Social Media

  As I reported earlier today, the Court of Justice of the EU (ECJ) has declared Safe Harbor invalid.  The full decision is now available online  in English here (other languages also available at curia.europa.eu by searching on C-362/14). There are two key elements of the ECJ’s decision.  The first is that national data protection… Continue Reading

EU Top Court Invalidates Safe Harbor and Sends Facebook Case Back to Irish Data Protection Authority

Posted in Data Compliance & Security, EU Data Protection Regulation, European Court of Justice, European Union, Federal Trade Commission, Privacy Regulation, Safe Harbor, Social Media

UPDATE: Here’s a link to the English-language version of the ECJ’s full decision: Schrems Safe Harbor Decision A press release issued by the Court of Justice of the EU (ECJ) regarding its decision in the Schrems Safe Harbor case (C-362/14) confirms that the ECJ has declared Safe Harbor invalid.  The ECJ has sent the case back… Continue Reading

EU-US Safe Harbor Program and the Court of Justice of the EU’s Decision — Protect Your Business!

Posted in Data Compliance & Security, EU Data Protection Regulation, European Court of Justice, European Union, Events and Webinars, Safe Harbor

Since the Snowden revelations, trouble has been brewing for the EU-US Safe Harbor program and companies which utilize this program to make transfers of personal information from the EU to the US legal under EU privacy laws. On October 6, the uncertainty generated last week by Advocate General Yves Bot’s opinion invalidating Safe Harbor will… Continue Reading

Court of Justice of the EU Decision on Safe Harbor Expected October 6

Posted in Data Compliance & Security, EU Data Protection Regulation, European Court of Justice, European Union, Safe Harbor

    The European Court of Justice (ECJ) has announced that it will release its decision in the Schrems Safe Harbor case on Tuesday, October 6.  It is highly unusual for the ECJ to issue a decision so quickly after publication of the Advocate General’s opinion on a case.  However, the ECJ seems to be… Continue Reading

ECJ Advocate General’s Safe Harbor Opinion Points Towards Imminent End of Safe Harbor As We Know It

Posted in Data Compliance & Security, EU Data Protection Regulation, European Court of Justice, European Union, Safe Harbor

  Does your company rely on Safe Harbor to transfer personal data from Europe to the US?  If so, it’s time to think about alternatives to Safe Harbor – and fast. The European Union’s Data Protection Directive (1998) prohibits the transfer of personal information outside of the European Economic Area unless the receiving country ensures… Continue Reading

Thinking Big about Data – the new EDPS Ethics Board

Posted in EDPS, EU Data Protection Regulation, European Union, Privacy Regulation

  Giovanni Buttarelli, the European Data Protection Supervisor (EDPS), recently announced the formation of a new external Ethics Board that will do a deep dive into the complex ethical issues that surround the use of  personal data in the “big data” economy.  (See press release and full opinion links here.)  The EDPS is particularly concerned… Continue Reading