As the EU body leading the Safe Harbor 2.0 negotiations with the U.S. government, the EU Commission plays a crucial role in the current debate about data transfers from the EU to the U.S. On 26 October, 2015, during her speech to the LIBE Committee of the EU Parliament, Vera Jourová (the EU Commissioner responsible for data protection) provided some important insights into the progress of, and requirements for, Safe Harbour 2.0. Jourová also emphasised the…
On 20 October 2015, the U.S. House of Representatives unanimously passed the Judicial Redress Act (the “Act”) which now awaits approval by the U.S. Senate. The Act is a critical piece in rebuilding the EU/U.S. data transfer puzzle, which broke into pieces last month when the European Union Court of Justice (the “CJEU”) ruled the European Commission Safe Harbor decision invalid. What Is the Act About?Currently, individuals that are not U.S. citizens or permanent residents have…
The Spanish Data Protection Agency sent out letters dated October 29, 2015 to companies that are registered with the DPA and that rely on Safe Harbor for data transfers to US recipients. The letter states that companies need to take alternative measures since Safe Harbor has been invalidated. The DPA asks specifically whether the notified data transfers to US recipients based on Safe Harbor will continue, and if so, which alternative measures the company will now take. Safe…
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…
Safe Harbor FrameworkUS Department of Commerce Safe Harbor websiteUS Federal Trade Commission’s Safe Harbor Framework websiteUS – EU Safe Harbor Framework DocumentsUS – Swiss Safe Harbor Framework DocumentsFebruary 2, 2016EU Commission and US Department of Commerce announce progress on “EU-US Privacy Shield Agreement”Official Document – EU Commission Press ReleaseOfficial Document – FTC Press ReleaseOfficial Document – EU Article 29 Working Party Statement (February 3, 2016)November 19, 2015France – Data Protection Authority issues Guidance and FAQ…
I have been thinking a lot recently about the days at the U.S. Department of Commerce (DoC) back in the late 1990s when we negotiated the U.S.-EU Safe Harbor Privacy Arrangement (Safe Harbor) with the European Commission (EC). I never thought at the time that Safe Harbor would ever be in the spotlight as much as it is today. Watching all of this unfold in recent days, I have been struck by the many misunderstandings…
What did the Judgment decide regarding the US-EU Safe Harbor Program?The Court of Justice of the European Union (“CJEU”), following the opinion of the Advocate General, invalidated European Commission Decision 2000/520 dated July 27, 2000 (“Decision”), which allowed transfers of personal data to US companies that self-certified under the US/EU Safe Harbor Program (“Safe Harbor”).The comparable Swiss program, called the “US/Swiss Safe Harbor program,” is not formally affected by the CJEU’s Judgment, as Switzerland is…
Thousands of US companies participate in the US-EU Safe Harbor program, and many more thousands of European companies rely on Safe Harbor to send data to the United States.Baker & McKenzie Partner Brian Hengesbaugh negotiated the US-EU Arrangement on Safe Harbor in the 1990s when he was with the US Department of Commerce, and below he discusses what today’s Advocate General opinion means and its potential implications.What Are The Key Points of the Advocate General’s…