The Article 29 Working Party has released opinions on Privacy Shield and “essential guarantees” under EU law relating to surveillance, here and here. Please join us in our webinar at 1 pm EDT today to learn more about the Article 29 Working Party’s opinion on Privacy Shield (register here). We will look at the opinion’s likely… Continue Reading
Tag Archives: Safe Harbor
EU-US Privacy Shield Agreement Published
Posted in EU Data Protection Regulation, European Court of Justice, European Union, Privacy Shield, Safe Harbor, UncategorizedThe European Commission has finally made the draft text of the EU-US Privacy Shield program available (scroll down in the press release for further links). The Privacy Shield program, which was agreed to in principle by US and EU negotiators nearly four weeks ago, will replace the Safe Harbor program that was struck down last autumn by the… Continue Reading
Judicial Redress Act passes the House with the Senate Amendments
Posted in European Union, Federal Trade Commission, Judicial Redress Act, Legislation, Privacy Shield, Safe Harbor, Umbrella Agreement, UncategorizedThe amended Judicial Redress Act has passed the House and is on its way to the president to be signed into law. The Act, which we covered in an earlier blog post, gives citizens of foreign countries the same rights as US citizens in connection with the use by the US government of their personal data,… Continue Reading
Amended version of Judicial Redress Act passes the Senate; now goes back to the House
Posted in European Union, Judicial Redress Act, Privacy Shield, Safe Harbor, Umbrella AgreementThe US Senate passed the amended version of the Judicial Redress Act on February 9. The amendments, which tie the Umbrella Agreement to Safe Harbor 2.0 (now dubbed the US-EU “Privacy Shield”), now go back to the House for approval. We discussed the amendments in an earlier blog looking at the intersection of security-related and commercial… Continue Reading
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 HarborUpdate: 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 HarborAccording 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 HarborNo 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
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 HarborOne 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 HarborThere’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
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 HarborEU 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
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 MediaThe 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
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 MediaAs 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-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 HarborSince 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 HarborThe 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
European Commission Proposes New Ground Rules for US Safe Harbor
Posted in Data Compliance & Security, European Union, LegislationWritten by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The European Commission, which has the authority to make changes to the US Safe Harbor program, has published a paper titled “Rebuilding Trust in EU-US Data Flows” that sets out the changes that the Commission would like to see the US adopt. While it… Continue Reading
Should we worry about Safe Harbor being suspended because of the NSA’s PRISM Program?
Posted in Data Compliance & Security, European Union(LONDON) Various data protection power players have called for the suspension or curtailment of the US Safe Harbor program ever since the Snowden revelations that the US NSA has required large internet service providers such as Google to provide vast amounts of personal data transmitted by individuals in Europe (and elsewhere). As many of you… Continue Reading
Discussing Binding Corporate Rules: An Interview with Sue Foster
Posted in European Union(LONDON) Word from Europe is that the final report out of a European Parliament inquiry established to investigate the PRISM National Security Agency surveillance/Edward Snowden revelations will recommend suspension of the EU-U.S. Safe Harbor Framework. Without Safe Harbor, a U.S. company is left to full compliance with the EU Data Protection Directive, including express consent… Continue Reading
When the “Safe Harbor” is Not So Safe
Posted in Data Compliance & SecurityIf your company transfers personal data cross-border and you participate in the Safe Harbor program, it’s time to check the status of your certification. For the second time in a month, the Federal Trade Commission has announced enforcement actions against companies under Safe Harbor, the international privacy framework that provides a means for U.S. companies… Continue Reading
To Encrypt or Not To Encrypt…….An Incentive Rather than a Mandate From Michigan
Posted in Data BreachAdd Michigan to the list of states that are proposing that adoption of comprehensive data security safeguards will provide a safe harbor for data breaches. The Information Security Program Standards Act introduced last week differs a bit from Massachusetts and Nevada (and other pending legislation) in that it would not require the implementation of detailed… Continue Reading
