Archives: Cross-Border Transfers

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European Commission Dismisses Privacy Shield Concerns Over Trump Executive Order

On January 25, 2017, President Trump signed a new Executive Order on Enhancing Public Safety in the Interior of the U.S.  Among other elements, the Executive Order directs U.S. government agencies to “ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy … Continue Reading

Switzerland and US Announce New Commercial Data Transfer Framework

On January 12, 2017, the U.S. Federal Trade Commission announced the adoption of a Swiss-U.S. Privacy Shield, to replace the existing Swiss-U.S. Safe Harbor Agreement.  Companies have a three month grace period to switch from the old to the new regime. The Swiss version of the Privacy Shield had to be negotiated following the invalidation … Continue Reading

EU Commissioner Plans to Assess U.S. Privacy Shield Commitments

In an interview with Politico (link requires a subscription), EU Justice Commissioner Věra Jourová, one of the principal architects of the EU-U.S. Privacy Shield, indicated that she plans to visit the U.S. once the Trump Administration is in place to assess the state of the new administration’s commitment to the Privacy Shield.  In the interview, … Continue Reading

European Commission Unveils Data Economy Package: International Data Transfers

On January 10, 2017, the European Commission unveiled the “last major Digital Single Market initiatives” addressing Europe’s digital future.  These initiatives comprise the following: A proposal for a Regulation on Privacy and Electronic Communications (E-Privacy Regulation) (see our post here); A Communication on “Building a European Data Economy” (see our post here); and A Communication … Continue Reading

European Parliament Approves EU-U.S. Umbrella Agreement

Yesterday, the European Parliament voted to approve the EU-U.S. Umbrella Agreement, a framework for the exchange of personal data for law-enforcement (including anti-terrorism) purposes between the EU and U.S.  As we previously explained, negotiations on this Agreement have been underway for quite some time, with the European Parliament first calling for it back in March … Continue Reading

LinkedIn Blocked in Russia Following Breach of Data Localization Laws

By Ezra Steinhardt and Gemma Nash On November 11, 2016, a Russian court in Moscow upheld the decision of an earlier court to block online access to the website LinkedIn throughout Russia.  This decision, which affirms a decision to penalize LinkedIn by the Russian data protection regulator, the Roskomnadzor, was based on the court’s view that … Continue Reading

Challenge to EU-U.S. Privacy Shield Lands at EU Court

On September 16, 2016, Digital Rights Ireland (“DRI”), a digital rights advocacy group, lodged an action with the EU General Court for annulment of the European Commission’s Decision on the EU-U.S. Privacy Shield arrangement.  While the existence of the application has only recently become public knowledge, it was widely-expected that the Privacy Shield would face … Continue Reading

Luxembourg Bill Amending the Data Protection Act with regard to the Authorization Regime

On August 31, 2016, a bill was presented to the Luxembourg Parliament (the “Bill”) to amend the Law of August 2, 2002, on the Protection of Persons with regard to the Processing of Personal Data. The Bill aims to reduce the current administrative burden and anticipates the application of the General Data Protection Regulation (“GDPR”) … Continue Reading

EU Organizations Call for More Support for Cloud Computing in Healthcare

The EU-U.S. Privacy Shield’s recent introduction has created an efficient mechanism to ensure that trans-Atlantic personal data flows are lawful.  With that in place, attention is now turning back to restrictions within the EU, particularly around hosting data in cloud computing services. European healthcare is particularly affected by such restrictions.  This has motivated a significant … Continue Reading

How Merck Achieved BCRs and CBPRs Simultaneously

Merck & Co. recently became the first company to achieve simultaneous approval for its cross-border data transfer strategies through binding corporate rules (BCRs) under principles of the European Union and the cross-border privacy rules (CBPR) process under principles of the Asia-Pacific Economic Cooperation region.  Subscribers to Law360 learned how Merck achieved this goal in an … Continue Reading
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