Following the CJEU’s judgment of October 2015 invalidating the European Commission’s Safe Harbor Decision, the Data Protection Authority Hamburg (“DPA Hamburg“) started investigations against 35 internationally operating companies in Hamburg. According to a press release of DPA Hamburg of 6 June 2016, these investigations revealed that the majority of the companies under investigation
International Data Transfers Face Further Setbacks: MEPs and the EDPS Reject the Privacy Shield & the Adequacy Challenge Spreads to EU Model Clauses
The options available to EU organisations for lawfully transferring personal data from Europe to the United States appear to be dwindling. In particular, there have been further setbacks to the approval of the Privacy Shield and, separately, a new legal challenge to the validity of EU model contract clauses. For more information click here to
EU General Data Protection Regulation in force from 25 May 2018: the Countdown to Compliance starts now
The long-awaited General Data Protection Regulation was published in the Official Journal of the European Union on 4 May 2016. This means that the most comprehensive reform to the EU’s omnibus data protection law in 20 years will apply throughout the European Union from 25 May 2018.
We have written in previous posts (here
Now That Details of the EU-U.S. Privacy Shield Have Been Revealed, Should Your Company Get Ready to Embrace It or Avoid It?
In the latest step toward finalising a replacement for the defunct Safe Harbor program, the European Commission has published its draft adequacy decision, formally supporting its view that the proposed EU-U.S. Privacy Shield will ensure an adequate level of protection for the transfer of personal data from the EU to U.S. companies which enlist in
Passage of the U.S. Redress Act Raises Confidence in Privacy Protection for Transatlantic Data Flows
The U.S. Judicial Redress Act has been signed into law by President Obama. The move marks an important step in data transfer relations between the EU and the United States, gives the green light to the EU-U.S. law enforcement data Umbrella Agreement and helps to underpin the Privacy Shield.
Click here to read more in
The CNIL sets expectations as to the ‘EU-U.S. Privacy Shield’ and starts implementing enforcement measures in case of Safe Harbor remediation default
The CNIL issued a press release February 4, setting expectations concerning the “EU-U.S. Privacy Shield” work-in-progress. In the same time, it has switched to enforcement mode concerning Safe Harbor remediation failure.
Click here to read more in the issued Client Alert.
By jointly tackling Facebook, French regulators set an example to large international digital media companies – First prominent enforcement measure after the Safe Harbor invalidation
On February 8 and 9, 2016, the French Directorate-General for Competition, Consumer Affairs and Prevention of Fraud (the ‘DGCCRF’) and the French Data Protection Authority (the ‘CNIL’), through an obviously concerted action, have publicised regulatory enforcement measures they are undertaking against Facebook.
The DGCCRF is requiring Facebook to re-write its Terms and Conditions on the grounds of consumer protection for France
The DGCCRF issued an injunction to Facebook requiring either revising or removing certain clauses of its Terms and Conditions which would be considered as unfair and “abusive” terms under French consumer law. This concerns in particular provisions granting Facebook the right, in its sole discretion, to remove any content or information posted by Facebook users, or to update its Payment Terms at any time without informing the users beforehand. The DGCCRF required Facebook to take appropriate action within 60 days. Otherwise, Facebook can be sued before the French courts.
Continue Reading By jointly tackling Facebook, French regulators set an example to large international digital media companies – First prominent enforcement measure after the Safe Harbor invalidation
Safe Harbor re-launched as the “EU-U.S. Privacy Shield” – but doubts are already raised that it will live to survive a battle
After what seemed like sure defeat, an agreement on Safe Harbor has apparently been reached. Dubbed the “EU-U.S. Privacy Shield”, the regime will, subject to approval processes, replace the existing Safe Harbor arrangement which was invalidated 6 October 2015.
Click here to read more in the issued Client Alert.
The French CNIL officially requires the use of EU Model Clauses as a quick fix for businesses impacted by the recent Safe Harbor ruling of CJEU – Companies must be compliant as of end January 2016
On 19 November, the CNIL released an article in order to provide companies impacted by the recent CJEU ruling on invalidation of Safe Harbor with guidance on the next steps. The article was published at the same time the CNIL sent a mailing to all data controllers relying on Safe Harbor to fix the issue.
Safe Harbor update: European Commission issues communication following Safe Harbor invalidation – Safe Harbor 2.0 in three months?
On 6 November, the European Commission released a communication on the implications of the Court of Justice of the European Union’s decision invalidating the Safe Harbor framework.
The key message, which echoes previous announcements by data protection authorities and the Article 29 Working Party, is that data exporters are ultimately responsible for ensuring that transfers