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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Tag Archives: Privacy Shield

Posted in Policy & Regulation Photo of Bret CohenPhoto of Julian Flamant

Action Required: Privacy Shield Participants Must Update Privacy Policies for Brexit

With the deadline for a no-deal Brexit looming—the UK’s exit date from the European Union is now slated for April 12—companies certified to the EU-U.S. Privacy Shield should update their Privacy Shield privacy policies if they have not done so already to ensure that they are able to lawfully receive personal data from the UK post-Brexit. The UK Information Commissioner’s Office (ICO) clarified this past December that existing EU adequacy decisions, including the Privacy Shield framework, would remain lawful mechanisms to export personal data outside of the UK. Since then,

Posted in Data Protection & Privacy

Privacy and Cybersecurity March 2017 Events

Please join us for our March 2017 Privacy and Cybersecurity Events. March 2 Privacy Women Showcase Julie Brill will be speaking at a NY Bar Association event on “Careers in Privacy.” Location: New York, New York   March 14 Connected Car Technologies and Trends Tim Tobin will speak on “Protecting the Connected Car” at Automotive Megatrends’ Connected Car Detroit 2017. Location: Dearborn, Michigan   March 14 The Fundamentals of GDPR Eduardo Ustaran will run a “GDPR Bootcamp” at IAPP’s Europe Data Protection Intensive 2017. Location: London   March 15 Brexit,

Posted in Data Protection & Privacy, Policy & Regulation Photo of Julie Brill

Strengthening international ties can support increased convergence of privacy regimes

The internet has become today’s global trade route, and personal data is one of its major currencies. The growth in the digital economy is impressive. One study found that economic activity taking place over the internet is growing at 10% per year within the G-20 group of nations. In the United States alone, one estimate found that companies exported nearly $360 billion in digitally deliverable services in 2014.3 The digital economy now drives countless aspects of the world economy. Much of this economic activity depends on exchanges of personal information

Posted in Data Protection & Privacy Photo of Eduardo UstaranPhoto of Bret CohenPhoto of Katherine Gasztonyi

Details of Legal Challenge to Privacy Shield Revealed

Ever since the first draft of the EU-US Privacy Shield framework was published in early 2016, groups opposed to the idea have indicated their intent to challenge the legality of the framework under EU law. Recently, the privacy advocacy group Digital Rights Ireland (DRI) made good on that promise.  Following the filing of a formal complaint on 15 September asking for an annulment of the framework by the Court of Justice of the European Union (CJEU), DRI has now made public the details of its complaint. In the complaint, DRI

Posted in Internet, Telecoms & Broadband

FCC Commissioners Discuss Issues Ranging from LTE-U to Privacy and Cybersecurity

Three Commissioners from the Federal Communications Commission (“FCC”) found areas of both agreement and disagreement in a wide-ranging discussion at the CTIA Super Mobility conference last week in Las Vegas. The discussion among Commissioners Mignon Clyburn, Ajit Pai, and Michael O’Rielly, moderated by CTIA President and CEO Meredith Attwell Baker, covered LTE-U, the Internet of Things, infrastructure, free data, competition, and the regulation of privacy and cybersecurity. LTE in Unlicensed Spectrum Commissioner O’Rielly expressed frustration with the process of authorizing LTE devices to be used in unlicensed spectrum. He said

Posted in Data Protection & Privacy

Privacy and Cybersecurity September 2016 Events

September 12 Cybercrime Compliance Christian Tinnefeld will discuss compliance management requirements relating to new anti-cybercrime regulations at a Financial Experts Association event. Location: Hamburg, Germany   September 15 Data and Business Scott Loughlin will participate in a breakout session on “Privacy and Cybersecurity: A Big Deal for Big Deals” at the IAPP P.S.R. Conference. Location: San Jose, California   September 16 Privacy Shield and National Security Julie Brill will moderate a panel on “Privacy Shield and Its National Security Implications” at the IAPP P.S.R. Conference. Location: San Jose, California    

Posted in Data Protection & Privacy

Recording and Deck from Webinar: Privacy Shield: What You Need to Know

Thank you to everyone who tuned into our webinar “Privacy Shield: What You Need to Know.” In this complimentary webinar, Julie Brill, Tim Tobin, and Bret Cohen of Hogan Lovells’ Washington office, and Eduardo Ustaran of our London office explored: What do companies need to do to sign up to the Privacy Shield? How do companies demonstrate compliance with the Privacy Shield principles? What will it take to move from Safe Harbor to Privacy Shield? What are the pros and cons of Privacy Shield as compared to other EU cross-border

Posted in Policy & Regulation, Technology Photo of Julie Brill

Deirdre Mulligan, Hogan Lovells, discuss relations between tech community and government at Silicon Valley dinner

On July 25, 2016, Hogan Lovells hosted a Silicon Valley dinner as part of its 2025 dinner series. The theme of the dinner was “I’m from Mars, You’re from Venus: The Tech Community and its Future Relationship with Government”.  The discussion, moderated by Deirdre Mulligan of UC, Berkeley, focused on the tech community’s view of regulatory, law enforcement and national security issues, here in the U.S., as well as in Europe; and how the tech industry will be impacted by the upcoming U.S. elections as well as Brexit. Deirdre Mulligan,

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

EU Data Transfers to the U.S.: Considering Your Options after Privacy Shield

With the recent approval of the EU-US Privacy Shield framework and the ability to start filing online registrations on 1 August, many companies have questions about the advantages and disadvantages of Privacy Shield as compared to other cross-border transfer mechanisms to cover trans-Atlantic data flows. To answer your questions, we publish here International Data Transfers – Considering your options, a high-level analysis of the EU cross-border transfer options for companies—including the EU Standard Contractual Clauses, Intra-Group Agreements and other ad-hoc contracts, Binding Corporate Rules, Privacy Shield, and Consent—and the pros

Posted in Data Protection & Privacy Photo of Julie BrillPhoto of Bret CohenPhoto of Eduardo UstaranPhoto of Harriet Pearson

Privacy Shield Receives Final Approval from European Commission—Some Initial Practical Advice

On 12 July 2016, the European Commission issued its much awaited “adequacy decision” concerning the Privacy Shield framework for the transfer of personal data from the EU to the U.S. This adequacy decision is based on the latest version of the Privacy Shield, which was further negotiated and revised following the Article 29 Working Party’s April 2016 concerns with the terms of the original Privacy Shield framework. Many of our clients have questions about Privacy Shield—what it is, when it will be available for use, and how it differs from

Posted in Data Protection & Privacy Photo of Julie Brill

Privacy Shield is the Right Replacement for Safe Harbour

Julie Brill, Hogan Lovells partner, and co-head of our global privacy and Cybersecurity practice, recently commented on the EU-US Privacy Shield for the EurActiv publication.  Her comments are republished here, with permission: The free flow of data is essential to an ever-growing segment of the global economy.  Yet some policymakers and advocates, citing privacy concerns, have called for shutting off the faucet and restricting data flow, to the detriment of European consumers and European businesses, both small and large. With cooler heads and a laser-like focus on the best interests of

Posted in Data Protection & Privacy

July 2016 Privacy and Cybersecurity Events

Please join us for our July 2016 Privacy and Cybersecurity Events. July 6 Territorial Reach of Data Protection Law Eduardo Ustaran will chair a panel on “The Weltimmo case in the European Court on the territorial reach of DP law” at the Privacy Laws & Business International Conference. Location: Cambridge, UK   July 7 Artificial Intelligence Julie Brill will speak on the social and economic implications of artificial intelligence technologies in the near term at a White House and NYU Workshop. Location: New York, New York   July 12 Privacy

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

Untying the Global Dataflows Mess

One of Harry Houdini’s most difficult tricks consisted of escaping from a nail-fastened and rope-bound wooden crate with manacles on his hands and feet, while submerged in New York’s East River. That feat is starting to look straightforward when compared to the prospect of lawfully exporting personal data out of the European Union. The restrictions on transfers of data to jurisdictions that do not provide an adequate level of protection have been in place for more than 20 years. And while these restrictions have not prevented the development of the

Posted in Data Protection & Privacy Photo of Julie BrillPhoto of Winston Maxwell

A Brief Analysis of the European Parliament and the Article 29 Working Party’s Criticisms of Privacy Shield

Unveiled February 29, 2016, the new EU-U.S. Privacy Shield attempts to address the shortcomings of the Safe Harbor arrangement identified originally by the European Commission and later by the Court of Justice of the European Union (CJEU) in its Schrems decision.  The Privacy Shield proposes improved data protection principles, better enforcement by the US Department of Commerce and the Federal Trade Commission, redress mechanisms for EU citizens, and safeguards surrounding law enforcement and intelligence activities. Like Safe Harbor, the Privacy Shield is a co-regulatory system: companies that want to participate in

Posted in Data Protection & Privacy Photo of Victoria Hordern

Article 29 Working Party Sees Privacy Shield Glass Half Empty

From the moment that the Chairman of the Article 29 Working Party, Isabelle Falque-Pierrotin, announced at a press conference on 3rd February this year that the Working Party would assess the standing of the EU-US Privacy Shield under EU law, privacy professionals have been waiting to see what the Working Party’s view would be.  Earlier this week, on 13th April, the Working Party provided their initial opinion.  On the one hand, the Working Party welcomed the significant improvements of the Privacy Shield as a positive step forward. Yet, on the

Posted in Data Protection & Privacy

Hogan Lovells Issues Legal Analysis of the EU-U.S. Privacy Shield

In a thorough legal analysis of the EU-U.S. Privacy Shield framework, a report from Hogan Lovells says the framework would stand up in the Court of Justice of the European Union (CJEU), and that the true level of data protection afforded by the Privacy Shield framework will only be demonstrated by its functioning and the practices of its participants. The report provides an objective view of the new framework concerning transatlantic dataflows and includes a rigorous assessment of the Privacy Shield based on European jurisprudence. The Hogan Lovells analysis finds

Posted in Data Protection & Privacy, TMT2020 Photo of Harriet PearsonPhoto of Eduardo UstaranPhoto of Bret CohenPhoto of Katherine Gasztonyi

TMT2020: Inside the New EU-U.S. Data Framework: A Practical Breakdown of the Privacy Shield

EDITOR’S NOTE:  We are excited to present this entry in our new TMT2020 series, which reflects the key technology, media, and telecoms legal issues that are expected to impact today’s organizations and tomorrow’s marketplace.  It also provides an opportunity to highlight contributions by TMT associates across our global offices and practice areas.  The February 29, 2016 announcement of the new EU-U.S. data transfer framework—the Privacy Shield—was accompanied by over 130 pages of documentation and significantly more operational details than its predecessor, Safe Harbor.  We have reviewed the Privacy Shield materials and

Posted in Data Protection & Privacy Photo of Eduardo UstaranPhoto of Harriet PearsonPhoto of Bret CohenPhoto of Katherine Gasztonyi

First Look: EU–U.S. Privacy Shield

On February 29, 2016, and after more than two years of negotiations with the U.S. Department of Commerce, the European Commission released its draft Decision on the adequacy of the new EU–U.S. Privacy Shield program, accompanied by new information on how the Program will work. The Privacy Shield documentation is significantly more detailed than that associated with its predecessor, the EU-U.S. Safe Harbor, as it describes more specifically the measures that organizations wishing to use the Privacy Shield must implement. Importantly, the Privacy Shield provides for additional transparency and processes

Posted in Data Protection & Privacy Photo of Eduardo Ustaran

International Data Transfers – The Uncertainty Continues

Following the announcement by the European Commission of the newly agreed EU-US Privacy Shield, the missing piece of the jigsaw was the Article 29 Working Party’s stance on the adequacy of the existing mechanisms in place—in particular, standard contractual clauses and binding corporate rules (BCR).  So after two days of intense discussions, the Working Party has issued a statement with its latest position, which is the follow up to their original reaction to the invalidation of Safe Harbor last October.  The bottom line: the Working Party still does not view