First part of EU/ US Transatlantic Data Protection Framework published today
Posted in Data TransferTag archives: Safe Harbor
Posted in Data TransferConnecticut enacts cybersecurity breach safe harbor
Posted in Cybersecurity, Data breach
On July 6, 2021, Connecticut enacted a new law (Public Act 21-119) that creates a safe harbor for companies that followed certain cybersecurity protocols in the event there’s a security breach.… Continue reading
FCC TCPA order partially upheld and partially set aside
Posted in Dispute resolution and litigation
On March 16, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision on the Federal Communications Commission (FCC) omnibus order of 2015, relating to challenges to four of the FCC’s determinations relating to cell phones. The appellate court upheld the FCC’s determinations that consumers can revoke consent to receive … Continue reading
Privacy Shield Update: EU Member States Approve Amended Framework
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 … Continue reading
Privacy Shield Framework Sees Changes, EU Vote Expected in July 2016
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 … Continue reading
Hamburg DPA’s Safe Harbor Fines Spell Further Uncertainty and Risk for Global Companies
On June 6, 2016, Johannes Caspar – the Hamburg Commissioner for Data Protection – announced that the Hamburg Data Protection Authority (“DPA”) fined three companies for relying on the invalidated Safe Harbor framework to transfer data from the European Union to the companies’ operations in the United States. The DPA imposed the fines on Adobe, Punica … Continue reading
Details of Privacy Shield published
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 … Continue reading
EU-US Privacy Shield – UK ICO updates its interim position on transfers to the US
Posted in Regulatory response
Today the UK data protection authority (the ICO) published a blog post and consolidated interim guidance on how to handle EU/US data transfers while the EU-US Privacy Shield is being scrutinised by the Article 29 Working Party.… Continue reading
FTC Commissioner Julie Brill comments on EU-US Privacy Shield
FTC Commissioner Julie Brill sat down this morning with the Information Technology and Innovation Foundation to discuss the EU-US Privacy Shield, the new framework for transatlantic transfer of personal data announced earlier this week. Commissioner Brill began by discussing the agreement generally, and provided valuable insight on the role of the Federal Trade Commission (FTC) … Continue reading
EU-US Privacy Shield scrutinized in Article 29 Working Party initial response
Posted in Regulatory responseOn February 3, 2016, the Article 29 Working Party (WP29) released a statement on the consequences of the Schrems judgment, following an assessment of the legal framework and the practices of US intelligence services. The WP29 expressed continuing concerns about the US framework for processing personal data for intelligence purposes, in spite of recent reforms.… Continue reading
Schrems: the global impact – how the ECJ ruling is affecting countries outside the EU and US
Posted in GeneralA number of jurisdictions around the world follow the lead from Europe in relation to data protection and impose similar restrictions on the export of personal data unless there is an “adequate level” of protection offered in the recipient jurisdiction. The EU Commission’s “US Safe Harbor” decision had permitted the transfer of personal data between … Continue reading
DIFC Data Protection Commissioner issues guidance on US data exports following Schrems case
The Dubai International Financial Centre (DIFC) Commissioner for Data Protection has issued guidance to DIFC entities on the export of personal data outside the DIFC in light of a landmark data protection ruling by the European Court of Justice (ECJ).… Continue reading
Reports suggest US-EU agreement on cross-border data transfers near, but will it stick?
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 … Continue reading
German Data Protection Authorities Suspend BCR approvals, question Model Clause transfers
Posted in Regulatory response
Following on from the EU Article 29 Working Party Statement of 16 October 2015, the Conference of the German Data Protection Authorities – (“DPAs”) has today issued guidance (referred to as a Position Paper) on the consequences of the CJEU decision in the Schrems case (Case C-362/14).… 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
A German data protection authority questions model clauses
Posted in Regulatory response
The German data protection authority from the northern state Schleswig-Holstein has released guidance in connection with the ECJ’s decision on Safe Harbor.… Continue reading
South African perspective on ECJ Safe Harbour ruling
South Africa’s Protection of Personal Information Act 2013 (POPI) is largely based on the principles of the EU data protection directive. This includes the requirement that personal information must be adequately protected when transferred cross-border (assuming none of the other grounds apply).… Continue reading
U.S. and Europe at a Privacy Crossroads – IAPP New York KnowledgeNet event
On Wednesday, November 18, Boris Segalis, who co-chairs Norton Rose Fulbright’s Data Protection, Privacy and Cybersecurity practice in the U.S. will participate in an IAPP KnowledgeNet panel to discuss topics on the international agenda including Safe Harbor, the draft European General Data Protection Regulation, trade issues, and issues relating to national security and law enforcement. The event will be key-noted … Continue reading
No Safe Harbor: Implications of the European Schrems decision – conference call
On Wednesday, October 14, 2015, Norton Rose Fulbright attorneys Marcus Evans, Jay Modrall and Boris Segalis will lead a conference call to discuss the implications of the Schrems case, which invalidated the EU-US Safe Harbor Decision. Register Now… Continue reading
CJEU decision in Schrems: what businesses should do next
Posted in Regulatory responseThis week, the Court of Justice of the European Union (“CJEU”) ruled that the EU-US Safe Harbor Decision is invalid in Case C-362/14 (the “Schrems” case). This followed a similar opinion from its Advocate General, which also sets out the facts of the case. The decision will impact businesses that rely on the EU-US Safe Harbor … Continue reading
Schrems: Commission holds press conference on ECJ ruling invalidating the Commission’s Safe Harbor Decision
Posted in Regulatory response
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
Schrems: ECJ invalidates the Commission’s Safe Harbor Decision
Posted in Compliance and risk managementThe 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
Day-after-Safe Harbor action plan: anticipating ECJ Schrems decision
Posted in Regulatory responseAs we have written extensively, the European Court of Justice’s (ECJ’s) ruling in the Schrems case on October 6, 2015 may effectively invalidate the US-EU Safe Harbor framework. While we believe that the Advocate General’s rationale for the proposal is weak, organizations that rely on the Safe Harbor are anxious about the consequences such a … Continue reading
Schrems Counterpoint: ECJ has good reasons to reject Safe Harbor invalidation
Posted in Regulatory responseThe 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
