The following is the second part in a two-part commentary (Part One available here) on a position paper issued by the Data Protection Conference of the German State Data Protection Authorities and the German Federal Commissioner for Data Protection (“Conference”) following the recent decision of the Court of Justice of the European Union (“ECJ”) invalidating the Safe Harbor decision of the EU Commission. German DPAs Have The Power To Prohibit Or Suspend Data Flows Under…
On October 26, 2015, the Data Protection Conference of the German State Data Protection Authorities and the German Federal Commissioner for Data Protection (“Conference”) issued a position paper following the recent decision of the Court of Justice of the European Union (“ECJ”) invalidating the Safe Harbor decision of the EU Commission.Data Transfers Solely Based On Safe Harbor Will Be ProhibitedThe Conference states that the German data protection authorities (“DPAs”) will prohibit transfers to the U.S…
Sharing personal data in connection with the sale of a business can create risk for both the seller and the purchaser if not undertaken in compliance with data protection requirements as illustrated in a recent German case. In this post, we point out the perils of sharing personal data in connection with an asset deal and provide tips on how to manage these risks.A typical scenarioLet’s say (as was the case in the recent German…