Datonomy summarises the latest developments in the ongoing saga of US data transfers.
On 13 April, the Article 29 Working Party announced their eagerly awaited – but as it turned out, somewhat inconclusive - conclusions on the proposed new EU-US Privacy Shield data transfer mechanism. A lunchtime press conference
led by Article 29 Working Party Chairman Isabelle Falque-Pierrotin was followed by the publication in the late afternoon of two new documents:
The documents analyse the Privacy Shield from two angles:
- the commercial aspects
- derogations for national security purposes.
See below ("What are the regulators' concerns
") for a bit more detail on the content of these documents and the key concerns raised.
As Datonomy readers … Continue Reading ››
Safe Harbour – what’s new?
Yesterday, the European Commission announced
that it had agreed a new framework with the US for data flows between Europe and the US, christened “EU-US Privacy Shield”. This would replace the former Safe Harbour agreement, which was invalidated by the ECJ on 6 October last year, and allow a mechanism for companies to legally transfer data relating to EU data subjects between Europe and the US. Datonomy watched the Article 29 Working Party (“A29WP
”) press conference given by the Chair, Isabelle Falque-Pierrotin, at midday today (following which a formal statement was released
) and brings you the key points on the current status and next steps for Privacy Shield.
What is the status of the new EU-US Privacy Shield?
Whilst the European Commission may have reached an agreement, Privacy Shield is far from a done deal it seems. The A29WP was not included in the negotiations relating … Continue Reading ››
The likely demise of the US Safe Harbor is dominating the data news headlines - but what else is happening in the world of data and cyber regulation? Datonomy provides a round up of other recent developments in Europe and Asia.
With contributions from Andreas Splittgerber and Christian Leuthner in Germany, Sofia Fontanals in Spain and Matthew Hunter, Daniel Jung and Aisling O’Dwyer in Asia, in this update we cover:
EU POLICY AND REGULATION
- EU policy and regulation including latest news from Brussels on the GDPR and NISD
- GDPR and NISD: Commission President Junker has yet again affirmed the “swift adoption” of the GDPR and NISD as priorities in this open letter of 9 September to the European Parliament. Below we take a more detailed look at the recent procedural progress of these two (not-so-swift) proposals.
Just what IS the state of play on the draft Regulation? This was the hot topic at the recent IAPP conference in Brussels. The Datonomy Team has been taking stock of progress and has produced a guide to the Top 12 issues and their practical impact for business.
Two weeks ago, members of the Datonomy Team attended the IAPP conference in Brussels. Despite the fact that the draft Regulation didn’t feature heavily on the draft agenda, it was the main topic of conversation between in house privacy counsel, regulators and private practice lawyers during the networking breaks.
As Datonomy readers will be aware, the new Commission President has tasked the new EU Commissioners who now share responsibility for the data protection portfolio with steering inter-institutional negotiations on the text to agreement by May 2015. That would mean the Regulation would take direct effect in Member States by 2017. Over recent weeks, various sources … Continue Reading ››
The EU’s ambitious plans for a radicalisation of data protection laws have suffered a serious set-back. EU justice commissioner Viviane Reding finally conceded in a speech at a meeting of EU justice and home affairs ministers in Athens last week that the draft General Data Protection Regulation will not be agreed during the current term of the EU Parliament.
The most recent delay has been caused by the EU Council of Ministers failing to reach agreement before starting negotiations with the EU Parliament and the Commission, with several Member States demanding significant changes to the proposals.
New timetables have been proposed and optimistic statements made that there will still be a new data law by the end of this year. However, the reality is that any prediction about the substance or process to agree the draft Regulation post this May’s parliamentary election season is guesswork at best. Fundamental differences remain among Member … Continue Reading ››
Datonomy considers the Germany authorities’ reaction to the PRISM affair, and the wider practical consequences this could have for international transfers being made under the auspices of U.S. Safe Harbor and model contracts.
After the reports about extensive surveillance activities by foreign and European intelligence services, especially by the American National Security Agency (NSA) and the UK Government Communications Headquarters (GCHQ) and possible transfers of personal data to them by American companies, European data protection authorities are raising their voices. In a letter dated 13 August 2013
, the chairman of the Article 29 Working Party expressed his deep concern to the Vice-President of the European Commission, Viviane Reding, urging her to seek for more clarification from the U.S. as well as announcing the intention of the European data protection authorities to conduct own investigations regarding the compliance of foreign and European intelligence programs with EU data protection principles. Concrete actions have … Continue Reading ››
The latest responses by the UK government and the ICO to the EU reform proposals will (mostly) resonate with businesses concerned about some of the more far-reaching changes.
The latest developments and time line
Datonomy has been taking stock of two recent UK developments: the Government's response
to the Justice Select Committee's opinion on the European Data Protection framework proposals published by the MOJ on 11 January, and the "latest views from the ICO" 2 –pager
on 22 January.
Datonomy readers are no doubt au fait
with the intricacies of the EU legislative process, but may nonetheless enjoy the blog post
by Deputy Commissioner David Smith with its helpful insight into the current state of play and user friendly time line.
Despite the strength of the European Parliament's support
for the Commission's proposals, it still has a way to go, procedurally speaking. And not everyone shares the EP's wholehearted support for every aspect … Continue Reading ››