Tag Archives: EU

Privacy Shield: Article 29 Working Party Calls Upon the European Commission and US Authorities to Restart Discussions

‎On November 28, 2017, the EU’s Article 29 Working Party issued its report on the First Annual Joint Review of the EU-US Privacy Shield, which was conducted on September 18-19, 2017.

In this 38 page report, the WP analyzed the Privacy Shield’s commercial and government aspects (as it did in its earlier opinion, issued in April 2016 when the Privacy Shield was still a draft;… More

Schrems II Judgment Rendered

A 152 page judgment was rendered today by the Irish High Court in Schrems II:  DPC v Facebook.

Not surprisingly, the court decided to refer the case to the Court of Justice of the European Union to make a decision about the validity of the three decisions ‎issued by the Commission for the Standard Contractual Clauses.

Ms. Justice Caroline Costello referred these issues because she concurred with the Irish Data Protection Commissioner’s view there are “well founded”… More

EU Updates on Schrems II and the Privacy Shield

The current challenge to Facebook’s privacy practices in Ireland (“Schrems II”) may be coming to a head.  You will recall that in Schrems I, the challenge to Facebook’s privacy practices led to a decision issued by the European Court of Justice that invalidated the US-EU Safe Harbor.  Following the invalidation of the Safe Harbor, Facebook switched to the Commission’s Standard Contractual Clauses (SCC) and the Schrems complaint was reformulated to challenge the SCC.… More

How Can Yahoo E-Mail Scanning Impact the EU-U.S. Privacy Shield?

Reuters reported earlier this month that, according to three former employees, Yahoo Inc. had “complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo mail accounts at the behest of the NSA or FBI.” Yahoo responded that the article was misleading, but did not deny the scanning had occurred.

The New York Times reported further details about this scanning:  Yahoo had modified a system intended to scan emails for child pornography and spam in order to satisfy a secret court order requiring it to search for messages containing a computer “signature” tied to the communications of a state-sponsored terrorist organization.… More

What to Expect from the EU’s New Network and Information Security Directive

On July 6, 2016, the European Union adopted Directive (EU) 2016/1148, “concerning measures for a high common level of security of network and information systems across the Union,” otherwise known as the Network and Information Security Directive. (A directive, in EU parlance, is an instruction to member states to achieve a particular objective and a general framework for how to do so.  This differs from a regulation, which is immediately binding on all member states.)  Pursuant to this Directive,… More

Which U.S. Businesses Must Comply with EU Data Protection laws?

What the recent Amazon decision tells us

On 28 July 2016, the European Court of Justice rendered a decision in a dispute between an Austrian Consumer Protection organization known as VKI (Verein für Konsumenteninformation) and Amazon EU Sàrl, a subsidiary of Amazon registered in Luxembourg. The main issue in this case is whether Amazon General Conditions were enforceable under Consumer Law; however; one of the questions referred to the European Court was about the territorial scope (Article 4) of the 95/46/EC Directive on Data Protection.… More

Article 29 Working Party on the EU-US Privacy Shield: A Number of Concerns Remain But Let’s See How It Works

Article 29 Working Party on the EU-US Privacy Shield:

The EU’s Article 29 Working Party analyzed the final version of the Privacy Shield and issued a statement on July 26, 2016.  What does this mean?

  • Recap: Where are we and how did we get here?

On February 29, 2016, the European Commission issued a draft adequacy decision reflecting the outcome of its negotiations with US authorities in relation to the Privacy Shield,… More

Guest Podcast: Europe’s New General Data Protection Regulation–What Is It and Are You Ready for It?

Are you looking for an introduction to the European Union’s General Data Protection Regulation (GDPR)?  To find out when and how it’s going to impact you and your organization, listen to this quick 10 minute podcast with, Deborah Hurley. Deborah is an adjunct professor of the practice of computer science at Brown University, fellow at the Institute for Quantitative Social Science at Harvard University, and principal at Hurley Consulting.… More