On January 24, the European Data Protection Board (“EDPB”) adopted a report (“Report”) regarding the second annual review of the EU-U.S. Privacy Shield (“Privacy Shield”). In a press release accompanying the Report, the EDPB welcomed efforts by EU and U.S. authorities to implement the Privacy Shield, including in particular the recent appointment of a permanent … Continue Reading
The Article 29 Working Party (WP29) has published long-awaited draft guidance on transparency and consent under the General Data Protection Regulation (“GDPR”). We are continuing to analyze the lengthy guidance documents, but wanted to highlight some immediate reactions and aspects of the guidance that we think will be of interest to clients and other readers … Continue Reading
By Dan Cooper and Rosie Klement The EU’s Article 29 Working Party (“WP29”) has issued new guidance on data processing in the employment context. Adopted on June 8, 2017, the guidance primarily takes account of the existing data protection framework under the EU Data Protection Directive (Directive 95/46/EC), but also considers the developments coming into force … Continue Reading
The first annual review of the EU-U.S. Privacy Shield (“Privacy Shield”) is scheduled to occur in September 2017 in Washington, D.C. The first review is particularly important for the nascent framework, as regulators in both the U.S. and the EU are expected to closely scrutinize the operation of the first year of the Privacy Shield, … Continue Reading
The Article 29 Working Party (“WP29”) – the representatives of national data protection regulators in the EU – has issued new guidance on three important aspects of the new General Data Protection Regulation (“GDPR”), which comes into force in May 2018. This first salvo of GDPR-focused guidance concerns: the new “Right to Data Portability”, an … Continue Reading
On July 8, 2016, the draft EU-U.S. Privacy Shield adequacy decision was formally approved by the so-called “Article 31 Committee” of EU Member States (see press release, here). That approval opens the door for the College of EU Commissioners to approve the Privacy Shield on Monday (July 11). Once translated and published in the Official … Continue Reading
On June 16, 2016, the French data protection authority (“CNIL”) launched a public consultation on the General Data Protection Regulation (“GDPR). The consultation focuses on four priority themes set out in the Article 29 Working Party’s 2016 Action plan: the data protection officer; the right to data portability; data protection impact assessments; and certification.… Continue Reading
By Helena Marttila-Bridge Today, the Article 29 Data Protection Working Party (“Working Party”), a group consisting of representatives from the European data protection authorities, the European Data Protection Supervisor, and the European Commission, published its opinion on the EU-U.S. Privacy Shield draft adequacy decision (“Opinion”) (see here). The Opinion is accompanied by a second document, … Continue Reading
Yesterday, a group of twenty-seven privacy and civil liberties organizations sent a letter to EU officials opposing the EU-U.S. Privacy Shield, which was released last month and is currently being reviewed by the Article 29 Working Party in the EU. According to the letter, the Privacy Shield “manifestly fails” to meet the standards set by … Continue Reading
As noted in our post yesterday, the text of the EU-U.S. Privacy Shield, the upcoming trans-Atlantic data-transfer framework between the EU and U.S. to replace the invalidated U.S.-EU Safe Harbor, has been released by the U.S. Department of Commerce. Commerce’s release coincided with the release of a draft adequacy decision by the European Commission. A … Continue Reading
Industry eagerly awaits further guidance from data protection authorities (“DPAs”) relating to the EU-U.S. Privacy Shield as well as on the validity (or otherwise) of other mechanisms for transfers to the U.S. such as standard contractual clauses (“SCCs”) and binding corporate rules (“BCRs”). As we explained in recent posts (here and here), publication of an … Continue Reading
On February 3rd, the Article 29 Working Party, representing Europe’s data protection authorities, published its reaction to the announcement of a new “Privacy Shield” political agreement between the European Commission and the U.S. Government. The Privacy Shield agreement, announced on February 2nd (and further described in our blog post here), is intended to replace the … Continue Reading
Today (February 2nd, 2016), the European Commission and U.S. Government reached political agreement on the new framework for transatlantic data flows. The new framework – the EU-U.S. Privacy Shield – succeeds the EU-U.S. Safe Harbor framework (for more on the Court of Justice of the European Union decision in the Schrems case declaring the Safe … Continue Reading
By Monika Kuschewsky and Vera Coughlan Following the judgment of the Court of Justice of the EU of October 6 in the Schrems case (Case C-362/14) (see our previous blog post here), today, the European Commission issued guidance on transfers of personal data from the EU to the U.S. post Schrems. For the press release see … Continue Reading
Today, the German supervisory authorities (“German DPAs”) responsible for data protection at federal and state (Länder) level published a position paper on the EU-U.S. Safe Harbor (available in German – see here). This 14-point position paper follows a meeting that these authorities held last week. Key points include: following the Safe Harbor judgment of the … Continue Reading
The Article 29 Data Protection Working Party (“Article 29 WP”), an EU advisory body on data protection composed of representatives of the national data protection authorities (“DPAs”), the European Data Protection Supervisor and the European Commission, met in plenary on Thursday, October 15, to discuss the first consequences of the judgment of the Court of … Continue Reading
On June 2, 2015, the Article 29 Working Party updated its published guidance on the topic of Processor BCRs. In their latest guidance document, the Working Party focus specifically on the sensitive topic of disclosures to law enforcement agencies (LEAs). By means of Processor BCRs, data processors are able to share EU-originating personal data within … Continue Reading
The Article 29 Data Protection Working Party (Working Party), an independent EU advisory body on data protection and privacy, responded to a request from the European Commission made in the framework of the Commission’s mHealth initiative to clarify the definition of data concerning health in relation to lifestyle and wellbeing apps. (See more here, and here … Continue Reading
By Tom Jackson On November 26, 2014, the Article 29 Working Party adopted a working document setting out a cooperation procedure for issuing common opinions on contractual clauses considered as compliant with the EC Model Clauses (the “Working Document”). The Working Document sets out the framework for a procedure designed to streamline the process of … Continue Reading
By Tom Jackson On November 26, 2014, the Article 29 Working Party released a short joint statement containing a series of declarations on: (i) “European values”; (ii) “surveillance for security purposes”; and (iii) the “European influence.” The joint statement emphasizes the balance to be struck between protecting data protection rights and allowing national intelligence agencies … Continue Reading
On November 25, 2014, the Article 29 Working Party (“WP29”) issued an opinion paper on device fingerprinting (the “Opinion”). The Opinion builds on existing guidance on cookies (Opinion 04/2012) and confirms that organizations wishing to generate “device fingerprints” by storing or accessing information on a user’s device must obtain user consent (unless an exemption applies). … Continue Reading
Late last week, the Article 29 Working Party released a short press statement announcing that it had agreed guidance for the implementation of the May 2014 CJEU ruling against Google on the “right to be forgotten.” See our first post on the Working Party’s guidance here. The Working Party has now published a full 20-page … Continue Reading
On November 25, 2014, the Article 29 Working Party agreed guidelines for data protection authorities seeking to apply the Court of Justice of the European Union (CJEU) ruling reached earlier this year against Google, which has become known as the right to be forgotten or “RTBF” ruling. The full guidelines have not yet been published, … Continue Reading
The Article 29 Data Protection Working Party (“Working Party”), the independent European advisory body on data protection and privacy, comprised of representatives of the data protection authorities of each of the EU member states, the European Data Protection Supervisor (the “EDPS”) and the European Commission, has identified a number of significant data protection challenges related … Continue Reading
