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Tag Archives for " Privacy Shield "

Schrems gets a judicial review of the Irish DPC’s procedure

European privacy campaigner Max Schrems has been granted a judicial review of the Irish regulator’s handling of his complaint.

He’s expecting the hearing to take place before the end of the year — and is hoping the action will, at long last, lead to a suspension of Facebook’s EU-US data transfers.

Schrems says his aim is to “kick start a ‘paused’ complaints procedure’” after Ireland’s Data Protection Commission (DPC) chose to open a new case procedure last month — simultaneously pausing its handling of his original complaint, which dates back some seven years at this point.

Source: Facebook EU-US data transfer complaint: Schrems gets a judicial review of the Irish DPC’s procedure | TechCrunch

German lawsuit accuses Amazon of breaking EU privacy law

Amazon faces a lawsuit in Germany over claims it has continued to transfer data to the United States using an invalidated transfer mechanism known as Privacy Shield.

The move comes after the EU’s top court struck down Privacy Shield in July over fears of U.S. snooping, throwing billions of euros in transatlantic digital trade into a legal limbo.

According to the lawsuit, which is due to be filed in a Munich court on Friday, Amazon continues to use Privacy Shield as a legal basis to send data to the U.S. in violation of the July ruling.

Source: German lawsuit accuses Amazon of breaking EU privacy law – POLITICO

New mechanism for EU data transfers ‘may be ready by Christmas’

A revised mechanism for transferring EU data outside of the EU may be ready by Christmas, according to the EU’s digital chief.

The new plan comes after the Schrems II ruling by the Court of Justice of the European Union in July, which invalidated the EU-US Privacy Shield transfer mechanism and upheld Standard Contractual Clauses (SCCs).

Source: New mechanism for EU data transfers ‘may be ready by Christmas’

U.S. Department of Commerce Releases White Paper to Assist Organizations in Conducting Schrems II Assessments

The U.S. Department of Commerce published a white paper to assist organizations in conducting independent analyses of data transfers in light of the July 16, 2020 Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems, Case C-311/18 (Schrems II) decision by the Court of Justice of the European Union (CJEU) and, ultimately, in making the case for transferring personal data to the United States using EU-approved transfer mechanisms.

The white paper outlines privacy safeguards relating to government access to data provided by U.S. law, focusing on those that are relevant to the issues that appear to have concerned the CJEU in Schrems II.

Source: U.S. Department of Commerce Releases White Paper to Assist Organizations in Conducting Schrems II Assessments | Alston & Bird Privacy Blog

Tech giants are ignoring questions over the legality of their EU-US data transfers

A survey of responses from more than 30 companies to questions about how they’re approaching EU-U.S. data transfers in the wake of a landmark ruling (aka Schrems II) by Europe’s top court in July, which struck down the flagship Privacy Shield over U.S. surveillance overreach, suggests most are doing the equivalent of burying their head in the sand and hoping the legal nightmare goes away.

Responses provided by companies that did respond appear to raise many more questions than they answer — with lots of question-dodging “boilerplate responses” in evidence and/or pointing to existing privacy policies in the hope that will make the questioner go away

Full article: Tech giants are ignoring questions over the legality of their EU-US data transfers | TechCrunch

Facebook Threatens to Leave Europe Due to Proposed New Data-Sharing Regulations

Facebook has hit back at a proposed new regulation which would limit the sharing of European user data with the US-based company.

Earlier this month, the European Union privacy regulator sent a preliminary order to Facebook which called for it to suspend data transfers about its EU users back to the US. That would essentially force Facebook to keep EU user data in Europe, and implement new restrictions on data-sharing between nations.

And now Facebook has issued an official response, saying that, if such rules are implemented, it may be forced to stop operating both Facebook and Instagram in Europe entirely.

Source: Facebook Threatens to Leave Europe Due to Proposed New Data-Sharing Regulations | Social Media Today

Cloud Industry Unites to Create Global Standard for Transfer of Personal Data following ‘Schrems II’ ruling

The creators of the data protection market standard for cloud, the EU Cloud Code of Conduct, announced work is underway on a proposed legal solution for the transfer of personal data outside the EU.

Once approved by data protection authorities, the solution could be an alternative to the recently annulled EU-U.S. Privacy Shield, previously relied on by thousands of businesses who now face disruption and uncertainty when transferring EU citizens’ data across the Atlantic.

Source: Cloud Industry Unites to Create Global Standard for Transfer of Personal Data following ‘Schrems II’ ruling: EU Cloud CoC

Council of Europe Suggests Convention 108+ as Schrems II Data Transfer Solution

“Convention 108+ (Convention 108 as amended by the protocol) is set to become the international standard on privacy and data protection in the digital age, and represents a viable tool to facilitate international data transfers while guaranteeing an appropriate level of protection for people globally,” say Alessandra Pierucci, Chair of the Committee of Convention 108 and Jean-Philippe Walter, Data Protection Commissioner of the Council of Europe.

“Being Party to the Convention 108+ could in the future also facilitate the case-by-case assessment that companies are required to do [following the Schrems II judgement] in the context of standard contractual clauses, regarding the essentially equivalent level of protection to be guaranteed”.

Source: Council of Europe Suggests Convention 108+ as Schrems II Data Transfer Solution

Facebook appealing order by Ireland’s privacy regulator that could halt EU-US data transfers

Facebook is appealing a preliminary order from the Irish Data Protection Commission (IDPC) that the social media company says would require it to stop data transfers between the US and the European Union.

The IDPC sent a preliminary order to Facebook last month directing the company to suspend data transfers to the US about EU users. The order is the first attempt by an EU regulator to enforce a ruling by the EU’s Court of Justice, which invalidated Privacy Shield, a data-sharing protocol that allowed American companies to transfer personal information about EU citizens to the US for processing.

Source: Facebook appealing order by Ireland’s privacy regulator that could halt EU-US data transfers – The Verge

Facebook told it may have to suspend EU data transfers after Schrems II ruling

Ireland’s data protection watchdog, the DPC, has sent Facebook a preliminary order to suspend data transfers from the EU to the US.

The preliminary suspension order follows a landmark ruling by Europe’s top court this summer which both struck down a flagship data transfer arrangement between the EU and the US and cast doubt on the legality of an alternative transfer mechanism (aka SCCs) — certainly in cases where data is flowing to a non-EU entity that falls under US surveillance law.

Source: Facebook told it may have to suspend EU data transfers after Schrems II ruling | TechCrunch

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