Tag Archives: Privacy Shield

CJEU rules Digital Rights Ireland’s Privacy Shield invalidation action inadmissible

Background On 22 November 2017, the Court of Justice of the European Union (“CJEU”) gave judgment in a case taken by the not-for-profit company, Digital Rights Ireland Limited (“DRIL”). DRIL sought an annulment of the European Commission’s Privacy Shield decision. This decision states that the US ensures an adequate level of protection for personal data … Continue Reading

European Commission publishes first annual report on EU-US Privacy Shield.

Following our previous blog on the upcoming first annual review of the EU-US Privacy Shield, the European Commission (“Commission”) published its report on 18 October 2017 (“Report”). The Commission’s Findings Overall, the Report confirms that the Privacy Shield continues to ensure an adequate level of protection for personal data transferred from the EU to participating … Continue Reading

Upcoming first annual review of the EU-U.S. Privacy Shield

During the week of 18 September 2017, the European Commission and the Article 29 Working Party (“WP29”) will undertake the first annual review of the EU-U.S. Privacy Shield (“Privacy Shield”). The meetings will take place in the United States. As for the U.S. side, the U.S. Department of Commerce will conduct the review, and it … Continue Reading

House of Lords publishes report on Brexit and the EU Data Protection Package

The House of Lords EU Home Affairs Sub-Committee (“the Committee”) has published a report on the EU Data Protection Package and the impact of Brexit (“the Report”). The Report considers the implications of the UK’s exit from the EU for cross-border data transfers, and for UK data protection policy more generally. The Report looks at … Continue Reading

CJEU has released Opinion on EU-Canada Passenger Name Record Agreement – What it means for international data transfer mechanisms

In the Opinion 1/15 of 26 July 2017 (“Opinion”), the Court of Justice of the European Union (“CJEU”) held that the proposed agreement between the EU and Canada on the transfer and processing of Passenger Name Record (“PNR”) data may not be concluded in its current form. The Opinion is available here. The CJEU said that … Continue Reading

Switzerland and the United States Agree Privacy Shield Framework

The governments of Switzerland and the United States finalised the Swiss-U.S. Privacy Shield Framework on 11 January. The Framework is similar in many respects to the EU-U.S. Privacy Shield, and replaces the U.S.-Swiss Safe Harbor Framework with immediate effect. Background… Continue Reading

EU-US Privacy Shield challenged in the European Court of Justice

Just four months after its adoption by the European Commission, the EU-U.S. Privacy Shield is facing its first formal legal challenge. The challenge comes from the Irish advocacy group Digital Rights Ireland, who is joined by French privacy advocacy group La Quadrature du Net and non-profit internet service provider French Data Network.… Continue Reading

ICO Reminds Organisations of EU-U.S. Personal Data Transfer Obligations

The Interim Deputy Commissioner at the Information Commissioner’s Office (“ICO”), Steve Wood, has published a blog reminding organisations of their obligations when transferring personal data to the United States, pursuant to the case brought by Max Schrems in 2015, which led to the Safe Harbor framework being declared immediately invalid. Wood reminds organisations that continued … Continue Reading

“Battle-ready” Privacy Shield gets muted welcome from EU data protection authorities

On 26 July, the Article 29 Data Protection Working Party (WP29) released a statement outlining its opinion on the EU-U.S. Privacy Shield, which was adopted by the European Commission earlier this month. After praising the improvements implemented by the Commission and U.S. authorities since its last critical opinion, the WP29 outlined some remaining concerns, including … Continue Reading

EU-U.S. Data Privacy Shield adopted by European Commission

Following a positive vote from the Article 31 Committee on 8 July, the EU-US Privacy Shield was formally adopted on 12 July and will enter immediately into force in the EU. In the U.S. the Privacy Shield will be published in the Federal Register, becoming effective on 1 August and will be operated by the … Continue Reading

Brexit: Baroness Neville-Rolfe on Data Implications

At the beginning of July, Baroness Neville-Rolfe, Minister of State at the Department for Business, Energy and Industrial Strategy, gave a speech at the annual Privacy Laws & Business conference, outlining the government’s stance on the implications of Brexit for a range of data issues including the GDPR, cybersecurity, international data transfers and the Internet of … Continue Reading

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 … Continue Reading

Privacy Shield does not achieve adequacy of protection under current regime, say EU Data Protection Authorities

On 13 April, the Article 29 Data Protection Working Party (‘WP29’) published its opinion on whether the proposed Privacy Shield programme, which is intended to replace the now-invalid Safe Harbor pact for facilitating trans-Atlantic data flows, achieved an adequate level of protection. The WP29 acknowledged that many of the shortcomings of Safe Harbor have been … Continue Reading

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 … Continue Reading

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 … Continue Reading

EU Data Protection Regulators All Set to Scrutinise ‘EU-U.S. Privacy Shield’ and Transfer Mechanisms to the U.S. Generally

On 3 February, the Article 29 Working Party (‘WP29’), a group comprising representatives of the EU Member States’ Data Protection Authorities (‘DPAs’), issued a statement cautiously welcoming the agreement on an “EU-U.S. Privacy Shield”. If it is formally adopted, the Privacy Shield will replace the Safe Harbor agreement that was declared invalid by the EU’s … Continue Reading

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.… Continue Reading
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