Since the adoption of the Regulation on 27 April 2016, the Article 29 Working Party (with representatives of the Supervisory Authorities of all Member States) has issued 3 sets of guidance on “Data portability”,… More
Tag Archives: EU
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
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
The new (EU) 2016/679 General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. Its scope is broader than that of the current 95/46/CE Directive, which means that more companies headquartered outside of the EU will have to comply with European data protection rules than under the current regime.
The 95/46/CE Directive set up a European body, the Article 29 Working Party,… More
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
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
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?
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
In Case You Missed It: U.S. Major party platforms address cybersecurity. The two major parties have released their 2016 election platforms, both of which include cybersecurity planks. The Republican platform’s perspective of cybersecurity is an element of national security and international relations. The platform called for harsh responses to cyber-attacks against American businesses, institutions, and government, applauded the Cybersecurity Information Sharing Act of 2015, and pledged to “explore the possibility of a free market for Cyber-Insurance.” The Democratic platform is largely as a continuation of President Obama’s cybersecurity policies.… More