Tag Archives: US

Key takeaways:

• The Privacy Shield will now go into effect.
• The preliminary start date for companies to be certified under the Privacy Shield is August 1, 2016.
• Expect more challenges to the Privacy Shield before all is said and done.

The Details:

Following the invalidation of the US-EU Safe Harbor by the European Court of Justice in the Schrems case,… More

In Case You Missed It:  The EU/US Privacy Shield is set to go into effect this Tuesday, July 13, pending a decision today by the EU’s College of Commissioners.  On Friday, July 8, the Privacy Shield agreement (entered into in February) was adopted by EU member states. EU/US data transfer has been in limbo ever since the erstwhile Safe Harbor was invalided by the European Court of Justice last year. … More

The full text of the General Data Protection Regulation (GDPR) was published on 4 May 2016. Although the GDPR will not be effective until 25 May 2018, it is worth looking into it right now given the major changes it makes to the rules in the 1995 Directive.

Application of the GDPR

The GDPR applies to the processing of personal data by companies having an “establishment” in the European Union,… More

The content of the Privacy Shield was made public yesterday and today.

The new framework dedicated to the EU / US flow of personal data is in fact a combination of several documents issued by the US and the EU.

On the US side, we have a letter sent by the U.S. Secretary of Commerce Penny Pritzker on 23 February 2016 to EU Commissioner Věra Jourová including the “package of EU-US Privacy Shield materials” (of 128 pages) which is made of 6 letters issued by various US officials (see details at the end of this article).… More

As part of implementing the EU-US Privacy Shield, on February 24, 2016, President Obama signed the Judicial Redress Act (H.R.1428/S.1600). This law is designed to give EU citizens the right to sue the U.S. government for privacy violations.  In particular:

• It authorizes the U.S. Department of Justice to designate specific foreign countries or regional economic integration organizations (i.e., the EU) whose natural citizens may bring civil actions under the U.S.…

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Today, the Article 29 Working Party (the advisory body on data protection and privacy composed of representatives from the national data protection authorities of all EU Member States) was to meet in Brussels to discuss, amongst other things, the consequences of the European Court of Justice ruling of 6 October 2015 in the Maximilian Schrems case, with EU-US data flow at the top of its agenda.

However,… More

On November 19, Foley Hoag and UK Trade & Investment presented a webinar discussing the latest developments following ECJ’s decision to invalidate the US-EU Safe Harbor system. Watch the recording here:

Click here to download the slides. More

Hosted by Foley Hoag LLP and UK Trade & Investment, The British Consulate General in Boston

On October 6, 2015, the European Court of Justice issued a landmark decision invalidating the US-EU Safe Harbor system. In practice, this means that US organizations can no longer rely on the Safe Harbor system to permit the transfer of personal data from the European Union to the US consistent with Directive 95/46/EC.… More