EU Commission issues legal texts to implement EU-US Privacy Shield and releases draft adequacy decision

On February 29, 2016, the European Commission issued the legal texts to implement the EU-US Privacy Shield and a communication relevant to that. The Commission also released a draft “adequacy decision”. Once adopted, the adequacy decision establishes that “the safeguards provided when data are transferred under the new EU-U.S. Privacy Shield are equivalent to data protection standards […]


Five Questions (and Answers) about the Privacy Shield

In a few words, a fair cross-border procedure to bring personal data outside the Economic European Area to third countries, needs the adoption of the measures exhaustively listed in 95/46/CE Directive: one of them was Safe Harbor, (as adequacy decision of the European Commission)   – – struck down by Court of Justice of […]

WP29 welcomes EU-US “Privacy Shield” agreement but – while waiting to receive relevant documents – reserves judgment on whether it meets ECJ’s requirements

On February 3, 2016, Article 29 Working Party (WP29) met to discuss the consequences of the European Court of Justice’s ruling of October 6, 2015, which declared the old Safe Harbor framework invalid (see here for more information). WP29 welcomed the recent EU-U.S. announcement that the “Privacy Shield” will substitute the old “Safe Harbour” (see here). However, it […]

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Agreement reached on a new EU- U.S. “Safe Harbour”(rebranded “Privacy Shield”)

On February 2, 2016, the EU Commission and the U.S. government approved the EU-U.S. “Privacy Shield”. This new framework reflects the requirements set out by the European Court of Justice in its ruling of October 6, 2015, which declared the old Safe Harbor framework invalid (see here for more information). The new Privacy Shield will […]

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US discovery rules will likely override your EU privacy obligation: Plan ahead!

The E.D. Michigan held that despite European data protection laws that might restrict disclosure of personal information, a US litigant must comply with federal discovery rules even if that means producing documents stored in the EU.  Under EU Directive 46/1995 and the national implementation legislation,[i] personal information can only be processed according to privacy rules. Disclosure in […]

FTC publishes 2017 Privacy & Data Security report

The Federal Trade Commission (FTC) issued its 2017 Privacy & Data Security Update. The annual report summarizes the year’s privacy and data security enforcement actions, advocacy, workshops and guidance. Among the FTC’s 2017 privacy and security actions announced, is the first actions enforcing the EU-U.S. Privacy Shield framework.   The 2017 Privacy & Data Security update […]


US law firms – especially immigration lawyers – dealing with EU data subject be shall be mindful of future privacy changes

On May 2018, Regulation (EU) 2016/679, on the Protection of Natural Persons with Regard to the Processing of personal Data and on the Free Movement of Such Data, and repealing Directive 95/46/EC (General Data Protection Regulation, in short “GDPR”), will enter into force. The good thing is that starting from that date, the EU will […]

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EU-US Privacy Roundtable with Privacy Activist Max Schrems in New York

On February 23, 2016, the European American Chamber of Commerce (EACC) hosted an interesting EU-US Privacy Roundtable with Privacy Activist Max Schrems, founder of the group Europe v. Facebook. The panel started by providing a brief overview of the developments in data privacy laws. It also explained the judiciary path that brought to the judgment […]

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