Tag Archives: European Commission

Privacy Shield Approaches 2,000 Participants; Review Scheduled for September

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 … 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 Commission Unveils Data Economy Package: “Building a European Data Economy”

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”; and A Communication on exchanging and protecting … Continue Reading

European Commission Unveils Data Economy Package: E-Privacy Regulation

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) ; A Communication on “Building a European Data Economy” (see our post here); and A Communication on exchanging and … 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

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

EU and US Unveil the New Privacy Shield

At a joint press conference in Brussels this morning (July 12, 2016), EU Commissioner Jourová and the U.S. Secretary of Commerce, Penny Pritzker, presented the new EU-U.S. data transfer mechanism (see press release here, adequacy decision text here, annexes here and Q&A factsheet here).  The press conference followed the approval of the underlying adequacy decision … Continue Reading

Privacy Shield Deal Passes Major EU Hurdle

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

European Data Protection Supervisor Opinion on the Privacy Shield

On May 30, the European Data Protection Supervisor (the “EDPS”) issued an opinion on the Privacy Shield, see opinion here and press release here.  The EDPS acknowledged that the European Commission’s draft adequacy decision on the Privacy Shield is a step in the right direction and shows a number of improvements compared to the EU-U.S. … Continue Reading

European Parliament Passes Resolution on the Privacy Shield

This morning (May 26, 2016) the European Parliament (“EP”) approved a non-binding resolution on the proposed EU – U.S. Privacy Shield (see resolution here and press release here).  The resolution is far more positive in relation to the Privacy Shield than some of the proposals floated by some political groups earlier this week (see, for instance, the resolution proposed … Continue Reading

EU Cyber Security Directive To Enter Into Force In August

The EU Network and Information Security (NIS) Directive now looks likely to enter into force in August of this year.  Member States will then have 21 months to implement it into national law before the new security and incident notification obligations will start to apply to the following entities: designated* “operators of essential services” within … Continue Reading

Digital Single Market – New Initiatives for Cloud Computing and Internet of Things

By Vera Coughlan, Monika Kuschewsky and Kristof Van Quathem Yesterday, the European Commission launched its “Digitising European Industry” package, a series of industry related initiatives aimed at “updating Europe’s digital infrastructure”, see press release here, Q&A here and homepage here.  The package includes reports and proposals addressing cloud computing, ICT standardization, eGovernment, Internet of Things … Continue Reading

EU Data Protection Authorities Call For Further Clarifications on the EU-U.S. Privacy Shield and Raise Some Concerns

By Helena Marttila-Bridge and Monika Kuschewsky 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 … Continue Reading

European Commission Launches Consultation on Reform of the ePrivacy Directive

By Ezra Steinhardt and Vera Coughlan Following the expected approval of the final text of the General Data Protection Regulation (“GDPR”) in the European Parliament this week, the Commission is now turning its attention towards the ePrivacy Directive. On Monday (April 11, 2016), the Commission launched a public consultation to review and propose changes to the … Continue Reading

EU Poised to Formally Adopt New Data Protection Laws; Amended Texts Published

By Phil Bradley-Schmieg and Vera Coughlan.  This post has been updated to include links to the final texts and comparisons with preceding drafts. After three months of legal-linguistic checks and translations, the EU is poised to formally adopt the new EU General Data Protection Regulation (GDPR) and its sister law, the EU Policing and Criminal Justice … Continue Reading

Privacy Shield: Top Five Reasons It’s Tougher Than the Safe Harbor, Whether You Should Certify, and Next Steps

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

EU-U.S. Privacy Shield Package Released

By Monika Kuschewsky and Vera Coughlan Today, the European Commission published the text of the new EU-U.S. Privacy Shield (see the Commission’s press release here), which consists of: a draft adequacy decision; the EU-U.S. Privacy Shield Framework Principles issued by the U.S. Department of Commerce; and the official representations and commitments contained in separate letters … Continue Reading

Commerce Releases Fact Sheet on the EU-U.S. Privacy Shield

As we reported yesterday, the United States and the European Commission have reached a political agreement on a new framework for transatlantic data flows, referred to as the EU-U.S. Privacy Shield.  The U.S. Department of Commerce (“Commerce”) released a fact sheet yesterday to coincide with the announcement of the agreement. The fact sheet includes a … Continue Reading

Agreement Reached on New EU-U.S. Safe Harbor: the EU-U.S. Privacy Shield

By Dan Cooper, Phil Bradley-Schmieg and Joseph Jones 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 … Continue Reading

Political Agreement on the EU General Data Protection Regulation – Start of a New EU Privacy Era?

By Monika Kuschewsky, Charlotte Ryckman and Vera Coughlan Today, the EU institutions reached the long-awaited political agreement on the General Data Protection Regulation (GDPR), which will fundamentally change the EU privacy landscape (for the Commission press release see here and the European Parliament press release here).  Almost four years after the publication of the legislative … Continue Reading

Article 29 WP On the Schrems Ruling (Safe Harbor) − Latest Developments and Next Steps

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

Debate in the European Parliament’s LIBE Committee on the Schrems ruling

On October 12, 2015, the European Parliament’s Civil Liberties, Justice and Home Affairs (“LIBE”) Committee held a debate to discuss the aftermath of the ruling of the Court of Justice of the European Union (“CJEU”) ruling in Case C-362/14 Maximillian Schrems v Data Protection Commissioner (see summary of the ruling here and summary of the … Continue Reading

EU Parliament Policy Report Takes Dim View of EU Commission’s “Pro-Market” Policies on Big Data and Smart Devices

A European Parliament policy department has released a report, entitled Big Data and Smart Devices and Their Impact on Privacy, that criticizes the lack of focus on privacy and data protection in the European Commission’s “Digital Single Market” policy agenda, noting a “conflicting” intersection between the Commission’s Digital Single Market objectives and the EU’s efforts, … Continue Reading
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