Tag Archives: EU-US Privacy Shield

As Max Schrems continues to do battle over Model Clauses in the Irish High Court, the Article 29 Working Party (WP29) has this week issued guidance surrounding EU-US Privacy Shield (Privacy Shield) related complaints. The guidance will be of note to any EU citizen wishing to complain about the handling of their personal data that has been transferred from the EU to one of the, as of 24 February, 1724 Privacy Shield registered organisations. It encompasses a template complaint form and Rules of Procedure and should provide parties concerned with all the information necessary to notify a breach under the 6 month old framework. The Rules of Procedure provide guidance on how an "Informal Panel of EU DPAs" (Panel) will operate in advising US organisations following a complaint. The Panel will aim to provide guidance within 60 days after receiving a complaint form. The complaint … Continue Reading ››
Recently Datonomy attended the second of two conferences held by Exeter University addressing the UK's place in the Digital Single Market. The day, hosted at Portcullis House, focused on data protection and privacy policy with viewpoints provided by both practitioners and stakeholders. Of particular relevance to Datonomy readers were the panels' opinions on the ePrivacy Directive review, the GDPR, and the new Investigatory Powers Act (recently explored by Datonomy here). Draft ePrivacy Regulation on the horizon Perhaps the headline news from the day was the strong support for the review of the ePrivacy Directive to result in the implementation of a new ePrivacy Regulation (therefore directly effective). It was argued the Regulation should extend the scope of the current ePrivacy Directive to cover new tech including, for example, OTT Providers, publically used private networks and the Internet of Things. According to the European Commission the draft proposal … Continue Reading ››
In the past year, we have seen Safe Harbor declared invalid and the EU-US Privacy Shield put in place, as well as the start of the countdown to GDPR compliance. Datonomy contributors Elle Todd and Rob Bratby join Jamie Davies from Telecom to discuss all things data and reflect on the changes to EU data protection regulation over the past twelve months. Find the article here.
Datonomy summarises the latest developments in the ongoing saga of US data transfers. What's new? 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 ››
German data protection authorities have already started issuing proceedings against companies that are still transferring personal data to the US (“Data Transfers”) under Safe Harbor, less than a month after the expiration of the deadline set by the Art. 29 Working Party and the announcement that agreement had been reached on the EU-US Privacy Shield. Companies relying solely on Safe Harbor that have been waiting for the new EU-US Privacy Shield to come into force before changing their approach to Data Transfers should take stock.  Enforcement practice has varied significantly around Europe with the German regulators being some of the most active but it is fair to say that simply waiting for the EU-US Privacy Shield without taking any further steps is an increasingly risky approach. Meanwhile, on 29 February the European Commission unveiled the various texts that will make up the Privacy Shield. Datonomy will be reporting on that … Continue Reading ››