So much promise, so little delivery …, i.e. why the Privacy Shield might not matter much for the biggest American businesses (read: tech-giants)

After the October 6, 2015, European Court of Justice’s annulment of the Safe Harbor decision of adequacy (Maximilian Schrems v. Data Protection Commissioner), the European Data Protection Authorities (DPAs) gave businesses until January 31, 2016, for the start of enforcement of the Schrems’ decision (see here). The Safe Harbor Scheme had been used for almost 15 years as […]

Francesca Giannoni-Crystal, so much promise, so little delivery …, i.e. why the Privacy Shield might not matter much for the biggest American businesses (read: tech-giants)

After the October 6, 2015, European Court of Justice’s annulment of the Safe Harbor decision of adequacy (Maximilian Schrems v. Data Protection Commissioner), the European Data Protection Authorities (DPAs) gave businesses until January 31, 2016, for the start of enforcement of the Schrems’ decision (see here). The Safe Harbor Scheme had been used for almost 15 years as the […]

Tags: , ,

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)   – http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm – struck down by Court of Justice of […]

French DPA starts post Safe Harbor privacy enforcement

On February 8, 2016, the French Data Protection Authority (CNIL) issued a formal notice to Facebook to comply within three months with the French Data Protection Act. According to CNIL, among other violations, Facebook is breaching French Data Protection Laws by transferring “personal data to the United States on the basis of Safe Harbour, although the […]

Tags: , ,

Within January 29 Spanish companies must cease data transfer under the Safe Harbor (see AEDP’s communication)

  According to these sources (see here in Spanish and here in English), in November 2015, the Agencia Española de Proteccion de Datós (AEPD) sent a notice to all Spanish companies known to transfer data to third countries. The AEDP asked those companies to cease international data transfers after the European Court of Justice held the Safe Harbour […]

Tags:

A Tale of Two Data Privacy Actions: What Constitutes Harm in the US and EU?

The vast difference between the views of privacy held in the US and in the EU is illustrated by the divergent paths of two prominent data privacy actions.  In the EU, the action was brought by Max Schrems as a complaint before the Irish Data Protection Commissioner, claiming that Facebook’s transfer of user data to […]

FTC and European DPAs discuss ways to improve privacy protection at the 2015 Amsterdam Privacy Conference

On October 23, 2015, FTC Commissioner Julie Brill gave the keynote at the Amsterdam Privacy Conference. According to her talk, the EU Court of Justice (ECJ) recent decision to hold Safe Harbour decision invalid (see here)  is an opportunity to improve privacy laws on both sides of the Atlantic. The ECJ decision highlighted “the need to have an […]

Tags: , ,

1 2 3 4