Tag archives: EU Commission

European Commission adopts adequacy decision on Japan

Data Protection Report - Norton Rose Fulbright

On January 23rd 2019, the European Commission adopted its adequacy decision in relation to the export of personal data from the European Union (EU) to Japan. Concurrently, Japan has adopted an equivalent decision in relation to the export of personal data from Japan to the EU. Such mutual decision is the result of two-years of dialogue and negotiations between both parties.

According to a joint statement issued by  Věra Jourová (Commissioner for Justice, Consumers and Gender Equality) and Haruhi Kumazawa (Commissioner of the Personal Information Protection Commission of Japan), “these mutual adequacy findings create the world’s largest Continue Reading

EU Data Package Highlights Connections between Data Protection and the Digital Single Market

Data Protection Report - Norton Rose Fulbright

On January 10, 2017, the EU Commission published a package of documents on the EU’s data economy strategy, including e-privacy, data protection and the “European Data Economy.” The Commission documents,  published in the context of the Commission’s digital single market (“DSM”) initiative announced in May 2015, illustrate again the strong links between the EU’s digital regulatory strategy, data protection, intellectual property and antitrust policy, notably including the Commission’s preliminary report on its sector inquiry on e-commerce, also launched in May 2015.… Continue Reading

Privacy Shield Update: EU Member States Approve Amended Framework

Data Protection Report - Norton Rose Fulbright

On July 8, 2016, European Member States approved the proposed EU-US Privacy Shield framework, with four Member States – Austria, Bulgaria, Croatia, and Slovenia – reportedly abstaining. Before the framework can be implemented, formal approval by the European Commission is required. Although the European Commission has yet to formally release a copy of the revised text, an alleged leaked copy is circulating online.

As we have covered, Privacy Shield is the successor agreement to the US-EU Safe Harbor Framework, which the European Court of Justice invalidated in October 2015. The Privacy Shield is intended to provide companies with a … Continue Reading

Privacy Shield Framework Sees Changes, EU Vote Expected in July 2016

Data Protection Report - Norton Rose Fulbright

The United States and the European Union reportedly have agreed on changes to the EU-US Privacy Shield. A revised agreement has been sent to EU Member States, and a vote is expected to be held early next month, in early July 2016. If approved by the EU Member States, companies will be able to subscribe to the Privacy Shield shortly thereafter.

Although the revised agreement is not yet available publicly, the Wall Street Journal reports that the European Commission has addressed the Article 29 Working Party’s concerns regarding the first draft. Fortune reports that the revised agreement clarifies US … Continue Reading

Details of Privacy Shield published

Data Protection Report - Norton Rose Fulbright

On February 29, 2016, the European Commission published the documents comprising the new EU-U.S. Privacy Shield, the adoption of which we previously covered on our blog. In the Commission’s opinion, the new framework reflects the requirements set forth by the European Court of Justice in the Schrems ruling, which invalidated the U.S.-EU Safe Harbor framework. The Commission’s proposed adequacy decision holds that “the United States ensures an adequate level of protection for personal data transferred from the Union to organisations in the United States under the EU-US Privacy Shield”.… Continue Reading

Reports suggest US-EU agreement on cross-border data transfers near, but will it stick?

Data Protection Report - Norton Rose Fulbright

It is being reported that the EU and the US have reached an agreement in principle on the revised cross-border data transfer framework, commonly referred to as Safe Harbor 2.0. Both sides expect further progress on the specifics in November of this year. Some of the thornier issues, however,regarding US surveillance activities, that are critical to addressing the concerns the ECJ raised in Schrems, are yet to be firmed up with verifiable compliance commitments.… Continue Reading

WP29 Issues Post-Safe Harbor Guidance

Data Protection Report - Norton Rose Fulbright

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 legal, political and technical solution on data transfers.  The opinion suggests coordinated enforcement by DPAs after January 2016, but it is unclear whether such enforcement will focus on Safe Harbor-certified companies alone, or will also undermine model clauses and BCRs.  We are continuing to … Continue Reading

Schrems: Commission holds press conference on ECJ ruling invalidating the Commission’s Safe Harbor Decision

Data Protection Report - Norton Rose Fulbright

As discussed in our post earlier, in today’s ruling on Case C-362/14 (the so-called “Schrems” case), the European Court of Justice (ECJ) invalidated the EU Commission’s “US Safe Harbor” decision with immediate effect. In the meantime, the EU Commission held a press conference discussing the impact of the judgement.… Continue Reading

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