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 … Continue Reading
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
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, … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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… Continue Reading
The roller coaster of developments affecting the Safe Harbor framework shows no signs of slowing down. It has taken a couple of years since Edward Snowden’s revelations for the train to reach to its highest point, but once the European Court of Justice (ECJ) ruled on the Schrems case, we knew it would be a bumpy ride.
In the past … Continue Reading
On November 6, 2015, the European Commission issued its widely anticipated Communication to the European Parliament and Council about the effect of the Court of Justice of the European Union’s (CJEU) Schrems decision, which invalidated the U.S.-EU Safe Harbor framework. The Commission expresses a commitment to negotiate with the U.S. Government a new framework for cross-border transfers of personal data. … Continue Reading
The Opinion of the Advocate General (AG) of the Court of Justice of the European Union (CJEU) on the case assessing the status and validity of Safe Harbor has created significant uncertainty relating to its immediate future. While the CJEU has not yet ruled, the AG’s decisions are typically quite influential. The AG’s view is that the Safe Harbor program … Continue Reading