On June 20, 2019, Keith Krach was confirmed by the U.S. Senate to become the Trump administration’s first permanent Privacy Shield Ombudsperson at the State Department.  The role of the Privacy Shield Ombudsperson is to act as an additional redress avenue for all EU data subjects whose data is transferred from the EU or Switzerland

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, address concerns that have been raised, and seek to ensure that the Privacy Shield is well positioned to continue operating as a valid legal basis for transfers of personal data from the EU to the U.S.

Under the Privacy Shield, an “Annual Joint Review” is conducted by the U.S. Department of Commerce (“Commerce”) and the European Commission (“Commission”), with participation by the FTC, EU data protection authorities and representatives of the Article 29 Working Party, and “other departments and agencies involved in the implementation of the Privacy Shield,” including the U.S. Intelligence Community and the Privacy Shield Ombudsperson for matters pertaining to national security.  Regulators have also indicated that they plan to solicit and incorporate feedback and comments from other Privacy Shield stakeholders as part of the review process, including from self-certified companies and other interested organizations.

Although this is the first annual review, it is important to note that the Privacy Shield has already been the subject of intense public scrutiny.  The draft text of the framework was released in February, several months prior to the final release in July, and a number of stakeholders took the opportunity to comment on the text, leading to several revisions designed to improve and strengthen the Privacy Shield. 
Continue Reading First Annual Privacy Shield Review Will Comprehensively Assess the Framework

Nearly 2,000 organizations are now listed as self-certified to the EU-U.S. Privacy Shield on the Department of Commerce’s (“Commerce”) Privacy Shield website.  Given current developments on both sides of the Atlantic, there are likely to be significant Privacy Shield developments in the coming months.

EU Justice Commissioner Věra Jourová recently concluded her visit to the U.S. to meet with Trump Administration officials and others regarding the status of the Privacy Shield.  During her visit, Commissioner Jourová spoke about the importance of the Privacy Shield as a framework with “enormous potential to strengthen the transatlantic economy and reaffirm our shared values.”  She also met with Commerce Secretary Wilbur Ross to discuss the Privacy Shield, and announced that the first annual joint review will occur in September, which she indicated would be “an important milestone where we need to check that everything is in place and working well.”
Continue Reading Privacy Shield Approaches 2,000 Participants; Review Scheduled for September

When China’s new Cybersecurity Law takes effect on June 1, 2017, China will become another important jurisdiction to watch in the international data transfer space.

Before the new Cybersecurity  Law officially was promulgated on November 7, 2016, cross-border data transfer of data from China was largely unregulated by the government.  While many Chinese laws and regulations governed the collection, use and storage (including localization) of data, no binding laws or regulations contained generally applicable legal requirements or constraints on the transfer of data across Chinese borders.
Continue Reading Cross-Border Data Transfer: A China Perspective

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 opinion by the Article 29 Working Party, representing, among other things, the EU’s data protection authorities, is a key next step that will shape enforcement and data transfer options for companies in the post-Schrems environment.  Until then, here is a summary of the approach that some of the national DPAs are taking:
Continue Reading EU DPA Enforcement Guidance Post-Schrems

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 now-defunct Safe Harbor Framework, and may form a future legal basis for transatlantic data flows between Europe and the United States.
Continue Reading Article 29 Working Party Reacts to the U.S.-EU Privacy Shield Agreement

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 Harbor invalid, see our earlier post here).  The EU’s College of Commissioners has also mandated Vice-President Ansip and Commissioner Jourová to prepare the necessary steps to put in place the new arrangement.
Continue Reading Agreement Reached on New EU-U.S. Safe Harbor: the EU-U.S. Privacy Shield

By Jean de Ruyt

According to the European Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, the EU and the US have finalized the EU-US Umbrella Agreement (for the press release, see here; a reportedly near-final draft of the agreement can be read here). This is a remarkable breakthrough after the first calls for such an agreement back in March 2009, when the European Parliament called for an “EU – US agreement ensuring adequate protection of civil liberties and personal data protection”.


Continue Reading EU – US Umbrella Agreement about to be concluded: towards a transatlantic approach to data protection?

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 to perform their duties, and the fundamental importance of European data protection rights more generally. These affirmations are particularly significant in the context of both the Snowden revelations and the ongoing Transatlantic Trade and Investment Partnership (TTIP) negotiations.


Continue Reading European Data Protection Regulators Release Joint Statement on European Values