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 […]

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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 […]

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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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End-of-January deadline post-Safe Harbor enforcement

What’s this all about? As you will be well aware, the European Court ruled in the Schrems case last autumn 2014 that the EU US Safe Harbor Decision was invalid (see here for our earlier alert and a short film update). The EU and the US have been in discussion to try and agree a “Safe Harbor […]

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