Tag archives: Safe Harbor

FCC TCPA order partially upheld and partially set aside

Data Protection Report - Norton Rose FulbrightOn 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

Data Protection Report - Norton Rose FulbrightOn 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

Data Protection Report - Norton Rose FulbrightThe 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

Data Protection Report - Norton Rose FulbrightOn 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

Data Protection Report - Norton Rose FulbrightOn 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

FTC Commissioner Julie Brill comments on EU-US Privacy Shield

Data Protection Report - Norton Rose FulbrightFTC 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

Data Protection Report - Norton Rose FulbrightOn 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

Data Protection Report - Norton Rose FulbrightA 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

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

Data Protection Report - Norton Rose FulbrightIt 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

Data Protection Report - Norton Rose FulbrightFollowing 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

U.S. and Europe at a Privacy Crossroads – IAPP New York KnowledgeNet event

Data Protection Report - Norton Rose FulbrightOn 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

CJEU decision in Schrems: what businesses should do next

Data Protection Report - Norton Rose FulbrightThis 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

Data Protection Report - Norton Rose FulbrightAs 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

Day-after-Safe Harbor action plan: anticipating ECJ Schrems decision

Data Protection Report - Norton Rose FulbrightAs 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

Data Protection Report - Norton Rose FulbrightThe 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

Data Protection Report - Norton Rose FulbrightOn 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

Europe and US slated to agree on revised US-EU/US-Swiss Safe Harbor framework

Data Protection Report - Norton Rose FulbrightIt is being reported that the European Union and the United States are nearing an agreement on the revised US-EU/US-Swiss Safe Harbor framework. Thousands of US companies that have certified compliance with the Safe Harbor should be encouraged that the framework – which has been the subject of sustained criticism by European data protection regulators … Continue reading
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