Hot on the heels of the European Commission’s official review of the functioning of the EU-U.S. Privacy Shield framework, the Article 29 Working Party of EU data protection regulators has issued its own report on the matter. The summary of findings by the Working Party, which draws from both written submissions and oral contributions, begins by commending U.S. authorities for their efforts in establishing a procedural framework to support the operation of Privacy Shield but quickly shifts to the Working Party’s concerns. Should the concerns not be addressed by the time of the second joint review, the Working Party notes that its members will “take appropriate action,” including bringing a Privacy Shield adequacy decision to national courts for reference to the Court of Justice of the European Union for a preliminary ruling.
Tag Archives: Privacy Shield
Privacy and Cybersecurity November 2017 Events
Please join us for our November 2017 Privacy and Cybersecurity Events.
European Court to France: DNA Database Violates Fundamental Rights
The European Court of Human Rights decided on June 22, 2017 that France’s DNA database for convicted criminals disproportionately interferes with individuals’ privacy rights because of its one-size-fits-all retention period and the failure to include a procedure to request erasure.
Article 29 Working Party April Plenary: Finalising Opinions and What’s Next
The Article 29 Working Party held its April plenary meeting last week, where it continued its work preparing for the GDPR, adopted an opinion on the draft e-Privacy Regulation, and discussed the annual review of Privacy Shield.
Privacy and Cybersecurity March 2017 Events
Please join us for our March 2017 Privacy and Cybersecurity Events.
Details of Legal Challenge to Privacy Shield Revealed
Ever since the first draft of the EU-US Privacy Shield framework was published in early 2016, groups opposed to the idea have indicated their intent to challenge the legality of the framework under EU law. Recently, the privacy advocacy group Digital Rights Ireland made good on that promise. Following the filing of a formal complaint on 15 September asking for an annulment of the framework by the Court of Justice of the European Union, DRI has now made public the details of its complaint.
German DPAs Launch Enquiry into International Data Transfers
500 German companies will be asked in the coming weeks by 10 German data protection authorities to complete an extensive and detailed questionnaire about their transfers of personal data to third countries. Companies must indicate how they ensure an adequate level of data protection for such data transfers. The questionnaire also covers the use of cloud services provided by U.S. entities. The enquiry and the questionnaire (but not the list of targeted companies) were published by the German DPAs on 3 November 2016.
Privacy and Cybersecurity November 2016 Events
Please join us for our November 2016 Privacy and Cybersecurity Events.
Privacy and Cybersecurity September 2016 Events
Please join us for our September 2016 Privacy and Cybersecurity Events.
Deirdre Mulligan, Hogan Lovells, Discuss Relations Between Tech Community and Government at Silicon Valley Dinner
On July 25, 2016, Hogan Lovells hosted a Silicon Valley dinner as part of its 2025 dinner series. The theme of the dinner was “I’m from Mars, You’re from Venus: The Tech Community and its Future Relationship with Government”. The discussion, moderated by Deirdre Mulligan of UC, Berkeley, focused on the tech community’s view of regulatory, law enforcement and national security issues, here in the U.S., as well as in Europe; and how the tech industry will be impacted by the upcoming U.S. elections as well as Brexit.
Recording and Deck from Webinar: Privacy Shield: What You Need to Know
Thank you to everyone who participated in last week’s webinar “Privacy Shield: What You Need to Know,” in which we explored how companies demonstrate compliance with the Privacy Shield principles, what it takes to move from Safe Harbor to Privacy Shield, and more. A copy of the slide deck and recorded webinar are now available on our blog.
Navigating from Safe Harbor to Privacy Shield: A Primer
In less than one week, on August 1, U.S. companies may begin to submit self-certifications to the EU-U.S. Privacy Shield framework at www.privacyshield.gov. Those companies that previously certified to the predecessor Safe Harbor framework are in a particularly good position to certify to the Privacy Shield, which built upon Safe Harbor’s core principles by adding meaningful substantive and procedural privacy protections for EU individuals.
A company seeking to transition from Safe Harbor to Privacy Shield will need to engage in three general steps: (1) update its external-facing privacy policy; (2) develop internal policies and procedures to comply with new Privacy Shield requirements; and (3) more closely manage its relationships with third parties that will receive or have access to Privacy Shield data, including ensuring contracts with those third parties meet new Privacy Shield requirements. We summarize these three steps, as well as additional procedural requirements that will affect the impact of Privacy Shield on U.S. businesses compared to Safe Harbor.
REMINDER: Upcoming Webinar: Privacy Shield: What You Need to Know
The much anticipated Privacy Shield framework for the transfer of data between the EU and U.S. received final approval from the European Commission on 12 July 2016. With this important data transfer mechanism available to companies at the beginning of August, the Hogan Lovells Privacy and Cybersecurity team will answer your questions in a webinar next Wednesday, 27 July. CLE credit will be available.
EU Data Transfers to the U.S.: Considering Your Options after Privacy Shield
With the recent approval of the EU-US Privacy Shield framework and the ability to start filing online registrations on 1 August, many companies have questions about the advantages and disadvantages of Privacy Shield as compared to other cross-border transfer mechanisms to cover trans-Atlantic data flows.
To answer your questions, we publish here International Data Transfers – Considering your options, a high-level analysis of the EU cross-border transfer options for companies—including the EU Standard Contractual Clauses, Intra-Group Agreements and other ad-hoc contracts, Binding Corporate Rules, Privacy Shield, and Consent—and the pros and cons of choosing each one.
Privacy Shield Receives Final Approval from European Commission—Some Initial Practical Advice
On 12 July 2016, the European Commission issued its much awaited “adequacy decision” concerning the Privacy Shield framework for the transfer of personal data from the EU to the U.S. This adequacy decision is based on the latest version of the Privacy Shield, which was further negotiated and revised following the Article 29 Working Party’s April 2016 concerns with the terms of the original Privacy Shield framework. Many of our clients have questions about Privacy Shield—what it is, when it will be available for use, and how it differs from other data transfer mechanisms, among others. We have prepared blog post to answer these questions about the updated version of Privacy Shield and its implications for companies engaging in trans-Atlantic data flows.
Julie Brill Advocates in Support of Privacy Shield
The free flow of data is essential to an ever-growing segment of the global economy. Yet some policymakers and advocates, citing privacy concerns, have called for shutting off the faucet and restricting data flow, to the detriment of European consumers and European businesses, both small and large. After much debate, a major European court opinion, and at least one act of Congress to address the issue, a solution is at hand that will enhance real, enforceable privacy protections on both sides of the Atlantic.
July 2016 Privacy and Cybersecurity Events
Please join us for July 2016 events and speaking engagements led by members of the Hogan Lovells Privacy and Cybersecurity team, detailed in this post.
Untying the Global Dataflows Mess
One of Harry Houdini’s most difficult tricks consisted of escaping from a nail-fastened and rope-bound wooden crate with manacles on his hands and feet, while submerged in New York’s East River. That feat is starting to look straightforward when compared to the prospect of lawfully exporting personal data out of the European Union. The restrictions on transfers of data to jurisdictions that do not provide an adequate level of protection have been in place for more than 20 years. And while these restrictions have not prevented the development of the digital economy, judging by this issue’s current direction of travel, we could be facing a situation from which not even the great Houdini could escape.
A Brief Analysis of the European Parliament and the Article 29 Working Party’s Criticisms of Privacy Shield
Unveiled February 29, 2016, the new EU-U.S. Privacy Shield attempts to address the shortcomings of the Safe Harbor arrangement identified originally by the European Commission and later by the Court of Justice of the European Union in its Schrems decision. The Privacy Shield proposes improved data protection principles, better enforcement by the US Department of Commerce and the Federal Trade Commission, redress mechanisms for EU citizens, and safeguards surrounding law enforcement and intelligence activities. The European Parliament adopted a resolution on May 26, 2016 praising the progress made, but highlighting shortcomings in the Privacy Shield as presented in February 2016. Now that the Irish Data Protection Controller has referred another data transfer mechanism known as Standard Contractual Clauses to the courts for review of their adequacy, greater focus will be placed on whether the criticisms of Privacy Shield are well founded.
Article 29 Working Party Sees Privacy Shield Glass Half Empty
From the moment that the Chairman of the Article 29 Working Party, Isabelle Falque-Pierrotin, announced at a press conference on 3rd February this year that the Working Party would assess the standing of the EU-US Privacy Shield under EU law, privacy professionals have been waiting to see what the Working Party’s view would be. Earlier this week, on 13th April, the Working Party provided their initial opinion. On the one hand, the Working Party welcomed the significant improvements of the Privacy Shield as a positive step forward. Yet, on the other hand, the Working Party set out their strong concerns on the commercial aspects of the Privacy Shield and the ability for US public authorities to access data transferred under the Privacy Shield. The opinion concluded by urging the European Commission to resolve these concerns and improve the Privacy Shield.
Hogan Lovells Issues Legal Analysis of the EU-U.S. Privacy Shield
In a thorough legal analysis of the EU-U.S. Privacy Shield framework, a report from Hogan Lovells says the framework would stand up in the Court of Justice of the European Union, and the true level of data protection afforded by the Privacy Shield framework will only be demonstrated by its functioning and the practices of its participants.
Inside the New EU-U.S. Data Framework: A Practical Breakdown of the Privacy Shield
The February 29, 2016 announcement of the new EU-U.S. data transfer framework—the Privacy Shield—was accompanied by over 130 pages of documentation and significantly more operational details than its predecessor, Safe Harbor. We have reviewed the Privacy Shield materials and published a comprehensive breakdown of the changes from Safe Harbor to Privacy Shield and the practical impact on business: Inside the New and Improved EU-U.S. Data Transfer Framework.
First Look: EU–U.S. Privacy Shield
On February 29, 2016 and after more than two years of negotiations with the U.S. Department of Commerce, the European Commission released its draft Decision on the adequacy of the new EU–U.S. Privacy Shield program, accompanied by new information on how the Program will work. The Privacy Shield documentation is significantly more detailed than that associated with its predecessor, the EU-U.S. Safe Harbor, as it describes more specifically the measures that organizations wishing to use the Privacy Shield must implement. Importantly, the Privacy Shield provides for additional transparency and processes associated with U.S. government access to the personal data of EU individuals.
International Data Transfers – The Uncertainty Continues
Following the announcement by the European Commission of the newly agreed EU-US Privacy Shield, the missing piece of the jigsaw was the Article 29 Working Party’s stance on the adequacy of the existing mechanisms in place—in particular, standard contractual clauses and binding corporate rules. So after two days of intense discussions, the Working Party has issued a statement with its latest position, which is the follow up to their original reaction to the invalidation of Safe Harbor last October. The bottom line: the Working Party still does not view US government surveillance laws as sufficiently protective of privacy—a position which calls all transfers of personal data to the US in question, regardless of the methods used to legitimise the transfer—but they will reconsider this position in light of the Privacy Shield in the coming months.