Privacy Shield

WP29: (draft) Guidance on BCR’s and annual review of privacy shield

This week, the Article 29 Working Party (“WP29”) published their joint annual review of Privacy Shield and their long awaited (draft) guidance on Binding Corporate Rules (“BCR’s”). Privacy Shield: The WP29 have identified a number of important unresolved issues and warn that if no remedy is brought within the next year, they will bring the …

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Commerce to Begin Accepting Swiss-US Privacy Shield Applications in a Month

By Michelle Anderson As we noted in our January blog post Swiss-US Privacy Shield Adopted, Aligns with EU-US Privacy Shield, the Department of Commerce will begin accepting self-certifications to the Swiss-US Privacy Shield on April 12, 2017. In response to frequently asked questions, Commerce provides guidance on how to self-certify: Companies already certified under the EU-US Privacy Shield: …

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ITALY: Personal data “CAN” be transferred under the Privacy Shield

Following the Schrems Judgment, there was some uncertainty as to the legal basis to transfer personal data from Italy to the US. Consistently with other European Data Protection Authorities, also the Italian Data Protection Authority (Garante per la protezione dei dati personali, “the Italian DPA”) authorized the transfer of personal data to the US under …

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Final Privacy Shield: How it Changed and What It Means for Businesses

Posted in Data transfers, EU Data Protection, US Federal Law On August 1st, the U.S. Department of Commerce will begin accepting applications for Privacy Shield certifications. For US organizations collecting employee and customer data from the EU, the past year has been an anxious one, as the European Court of Justice invalidated the EU-US Safe …

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EU – US: Privacy Shield in Force – But For How Long?

On July 12, 2016 the European Commission (EC) voted to adopt the final version of the EU-U.S. Privacy Shield.The Privacy Shield agreement replaces the previous agreement, Safe Harbor, which was struck down in October 2015 following revelations regarding U.S. mass surveillance. According to EC Commissioner Jourova, the Privacy Shield, “is fundamentally different from the old …

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EUROPE: European Data Protection Supervisor Calls for “Significant” Improvements to EU-U.S. Privacy Shield

On May 30, 2016, the European Data Protection Supervisor (EDPS), Giovanni Buttarelli, issued his Opinion on the EU-U.S. Privacy Shield, calling for “significant” improvements to the EU-U.S. Privacy Shield before it can be adopted by the European Commission (EC). According to the EDPS Opinion: “The draft Privacy Shield may be a step in the right …

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EUROPE: European Parliament Passes Resolution Calling for Improvement of EU-U.S. Privacy Shield

On May 25, 2016, the European Parliament (EP) passed a non-binding resolution calling for the European Commission (EC) to reopen negotiations with the United States in order to improve perceived “deficiencies” in the EU-U.S. Privacy Shield. The resolution requested improvements beyond the agreement reached between U.S. and EU negotiators in February. On February 29, 2016, …

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EUROPE – US: EU Data Protection Authorities voice strong concerns about Privacy Shield

EU Data Protection Authorities demand improvements before EU – US transfer mechanism will be approved. The Article 29 Working Party (“WP29“), which comprises the national data protection authorities of the EU member states, issued a statement on Wednesday strongly criticising the draft “EU – US Privacy Shield” proposal.  Privacy Shield is intended to be the replacement …

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US COMMERCE DEPARTMENT, EC RELEASE PRIVACY SHIELD DETAILS; EC RELEASES ADEQUACY DECISION ON SHIELD’S PROTECTIONS

By Kate Lucente On February 29, 2016, the Department of Commerce and European Commission released the details of the new US-EU Privacy Shield program, intended to replace the now defunct US-EU Safe Harbor program. According to the materials released, the new program includes an expanded set of privacy principles, increased operational vetting to be conducted …

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ANALYSIS: WHAT TO EXPECT FROM THE PRIVACY SHIELD AND THE GENERAL DATA PROTECTION REGULATION (GDPR)

DLA Piper Shared Insights at Bloomberg Law’s 2016 Outlook on Privacy and Data Security in Washington DC On February 3rd, the day after announcement of the US-EU Privacy Shield provisional agreement, DLA Piper’s Carol Umhoefer, Jim Halpert and Giangi Olivi discussed EU data protection developments at Bloomberg Law’s 2016 Outlook on Privacy and Data Security, …

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WP29 Says to Continue Using MCs and BCRs to transfer EU Data to US

By Kate Lucente Following on from yesterday’s announcement regarding the political agreement of the EU-US Privacy Shield, to replace the Safe Harbor program, European data protection authorities met today to be briefed on this. Their view at present seems to be cautiously optimistic. The group, called the Article 29 Working Party, welcomed the political agreement …

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