Tag Archives: data transfers

Swiss-U.S. Privacy Shield Framework to Launch April 12

On January 11, 2017, the U.S. Department of Commerce, the Swiss Federal Council and the Swiss Federal Data Protection and Information Commissioner (FDPIC) issued press releases announcing that an agreement has been reached on a new cross-border data transfer mechanism, the Swiss-U.S. Privacy Shield Framework (the Swiss Privacy Shield). The Swiss Privacy Shield replaces its … Continue Reading

Privacy Rights Group Files First Legal Challenge to EU-U.S. Privacy Shield

Digital Rights Ireland, an Irish privacy advocacy group, has filed the first legal challenge to the EU-U.S. Privacy Shield, the Trans-Atlantic agreement reached earlier this year to permit the lawful transfer of personal data from the European Union to the United States. The Privacy Shield was formally adopted on July 12, 2016, by the European … Continue Reading

Privacy Shield Developments and UK Data Transfers Post-Brexit

With the UK’s Brexit referendum dominating the news out of Europe over the past week, it may have been easy to miss a key development in the continuing Privacy Shield negotiations. On Friday, June 24, news outlets reported that U.S. regulators and the European Commission had agreed on a finalized version from the Privacy Shield, a proposed … Continue Reading

German Data Protection Authority Issues Fines for Unlawful Cross-Atlantic Data Transfers

The Data Protection Authority of Hamburg, Germany has made good on its promise to audit cross-Atlantic data transfers in the wake of the October 2015 Safe Harbor decision.  On June 6, the Hamburg DPA announced that it had fined three companies for unlawful transfers of personal data from the EU to the United States.  According … Continue Reading

Companies Face Uncertainty as Privacy Shield Encounters New Hurdles

The Privacy Shield, proposed this past February and greeted with cautious optimism by European and U.S. regulators alike as a more robust “replacement” for the invalidated Safe Harbor framework, appears to be suffering death by a thousand paper cuts. Today’s European Parliament resolution (the “Resolution”) delivered the latest blow. The Resolution recommends that the European … Continue Reading

Privacy Shield Update: A Recap of Recent Developments

On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework. Although the Privacy Shield remains in limbo at this time, a flurry of speculation and Shield-adjacent legal maneuvers have colored the landscape and … Continue Reading

Trans-Pacific Partnership Would Promote Cross-Border Data Transfers and Restrict Data Localization

As U.S. and European regulators and businesses work toward solutions in the wake of last month’s decision by the Court of Justice of the European Union that invalidated the EU-U.S. Safe Harbor framework for cross-border data transfers – previously discussed here and here – the Trans-Pacific Partnership (TPP) trade agreement seeks to facilitate cross-border data … Continue Reading

Safe Harbor Is Dead, Long Live Standard Contractual Clauses?

For the past 15 years, the EU-U.S. Safe Harbor Framework has been one of the most popular data transfer mechanisms for organizations that engage in cross-border transfers of EU personal data to the United States. In the aftermath of the recent invalidation of the Safe Harbor Framework by the Court of Justice of the European … Continue Reading

What Now? What Next? FAQs and Answers Regarding the Safe Harbor Decision

As we discussed in our blog post last week, on October 6, 2015, the Court of Justice of the European Union issued a judgment that invalidated the EU-U.S. Safe Harbor Framework. For the past 15 years, thousands of companies have been using the Safe Harbor Framework to transfer personal data from the EU to the … Continue Reading
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