TSA Transitions To Results-Based Approach in Revised Pipeline Cybersecurity Directive In Response to Industry Feedback
Posted in Compliance and risk management, CybersecurityTag archives: directive
Posted in Compliance and risk management, CybersecurityNIS Directive Published: EU Member States Have Just Under Two Years to Implement
Posted in Regulatory response
The Directive on Security of Network and Information Systems (known as the NIS Directive) was published in the Official Journal of the European Union on July 19, 2016. Member States will have until May 9, 2018 to implement this Directive into national laws and a further six months to identify “operators of essential services.” Summary … Continue reading
Council and European Parliament reach agreement on NIS Directive
Posted in Cybercrime, Regulatory response
On December 7, 2015, the Council of the European Union (the Council) reached an informal agreement with the European Parliament on a new EU directive on network and information security (NISD). The agreement marks the conclusion of two years of work, since the European Commission (the Commission) and the High Representative of the European Union … Continue reading
WP29 Issues Post-Safe Harbor Guidance
Posted in General
The following is the statement of WP29 on the Schrems decision. It is a short opinion that we replicated here in full. We note that WP29 appears to suggest that model clauses and BCRs remain viable through at least January 2016, which is when WP29 would like to see the US and EU agree to a … Continue reading
Schrems: ECJ invalidates the Commission’s Safe Harbor Decision
Posted in Compliance and risk management
The European Court of Justice (ECJ) ruled on Case C-362/14 (the Schrems case) earlier today, 6 October 2015. In its ruling, the ECJ – among other things – held that the EU Commission’s “US Safe Harbor” decision is invalid.… Continue reading
Schrems Counterpoint: ECJ has good reasons to reject Safe Harbor invalidation
Posted in Regulatory response
The European Court of Justice (ECJ) is expected to rule on Case C-362/14 (the “Schrems” case) on October 6, 2015. In deciding whether to reject or adopt its Advocate General’s recommendation to invalidate the US-EU Safe Harbor, the ECJ finds itself between the proverbial rock and a hard place. Rejecting the Safe Harbor would lead to uncertainty in the ongoing … Continue reading
European Court of Justice Advocate General’s Advisory Opinion in Schrems case questions validity of personal data transfers under EU/US Safe Harbor framework
Posted in Compliance and risk management, General
On September 22, 2015, the European Court of Justice (“ECJ”) Advocate General issued an advisory Opinion in Case C-362/14 (the “Schrems” case). A key recommendation was for the ECJ to declare the EU/US Safe Harbor Agreement invalid. It remains to be seen whether the ECJ will follow this recommendation. The controversial nature of the Safe … Continue reading
