Tag Archives for " Privacy Shield "

LIBE votes for Privacy Shield’s suspension: What does it mean?

On June 11 EU Parliament’s Civil Liberties Committee (LIBE) voted on the current international data-transfer agreement between the EU and U.S. passed its resolution, 29 to 25, to ask the European Commission to suspend Privacy Shield until the U.S. authorities comply with its terms in full.

Parliament is likely to vote on resolution in July and the question is whether it will agree with LIBE’s position.

Source: LIBE votes for Privacy Shield’s suspension: What does it mean?

Is this a perfect storm toward Privacy Shield’s demise?

From its very beginning, rising from the ashes of the debunked Safe Harbor, Privacy Shield has been on shaky ground. However, fresh concern from the European Parliament and a referral to the European Court of Justice have put its future in more doubt than before.

On April 12, British MEP Claude Moraes, head of the European Parliament’s Civil Liberties Committee, presented a motion questioning the “adequacy of the protection” afforded by the EU-U.S. Privacy Shield.

Source: Is this a perfect storm toward Privacy Shield’s demise?

The 11 key considerations in Schrems II, in laymen’s terms

The lengthy Schrems II case decided by the Irish High Court in October 2017 left open which questions would be referred to the Court of Justice of the European Union.

Those 11 questions have now been published by the court, with a slight possibility of revision after reviewing further submissions by defendant Facebook.

Source: The 11 key considerations in Schrems II, in laymen’s terms

U.S. Department of Commerce Posts Update of Actions to Support the Privacy Shield Frameworks

On March 26, 2018, the U.S. Department of Commerce posted an update on the actions it has taken between January 2017 and March 2018 to support the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.

The update details measures taken in support of commercial and national security issues relating to the Privacy Shield.

Source: U.S. Department of Commerce Posts Update of Actions to Support the Privacy Shield Frameworks

The EU-U.S. Privacy Shield two years on

Where I come from, we have a pleasing little idiom: “conoscere i propri polli” literally, to know one’s own chickens. It means to have an intimate appreciation of a character or a familiar situation.

We in Europe certainly need to get better acquainted with our own way of safeguarding public security, as the ongoing debate on international commercial data flows illustrates.

Source: The EU-U.S. Privacy Shield two years on

Is a Service Provider’s Privacy Shield Certification Good Enough?

The GDPR imposes two requirements when a company (referred to in the GDPR as a “data controller”) uses a service provider (referred to in the GDPR as a “data processor”).

The first requirement is that if a data controller is based in the EEA and is transferring personal data to a processor that is based outside of the EEA, the parties must take steps to ensure that the jurisdiction in which the data is going affords the data “an adequate level of protection.” When the GDPR refers to an “adequate level of protection” it is not talking about the security of the data. Instead, it is referring to the protections afforded by the laws of the country to which the data will be transferred.

Source: Bryan Cave – GDPR: The Most Frequently Asked Questions: Is a Service Provider’s Privacy Shield Certification Good Enough?

Article 29 Working Party Sets Deadline to Address Privacy Shield Concerns

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 (Working Party) of EU data protection regulators has issued its own report on the matter.

Source: Article 29 Working Party Sets Deadline to Address Privacy Shield Concerns

Privacy Shield (begrudgingly) here to stay! For now…

The Commission gave it the official (if lukewarm) ok in October, following the first annual review. Last week it was time for the Article 29 Working Party (WP29) to have its say. The overall verdict: OK but could do better. This is backed up by a threat to mount a legal challenge.

Source: Privacy Shield (begrudgingly) here to stay! For now…

Working Party Releases Opinion on Joint Review of EU-U.S. Privacy Shield

As we previously reported, this October, the EU Commission released its report and accompanying working document on the first annual review of the EU-U.S. Privacy Shield framework. On November 28, 2017, the Article 29 Data Protection Working Party adopted an opinion on the review.

Source: Working Party Releases Opinion on Joint Review of EU-U.S. Privacy Shield : : Privacy & Information Security Law Blog

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