Category Archives: Privacy Shield

German DPAs to Survey Transfers in 500 Companies – with English Translation of DPA Questionnaire

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Late last week, 10 of Germany’s 17 Data Protection Authorities (DPAs) announced they are planning to send written questionnaires to approximately 500 different companies regarding international data transfers.  The following provides a brief overview of the situation, as well as an English translation of the questionnaire, for companies who are potentially affected. This summary refers to the German DPA questionnaire as a “survey.”  In press releases and interviews, the German DPAs have been careful to state that the questionnaire is not an audit or enforcement action.  Additionally, [...] Read more

EU-U.S. Privacy Shield Faces Judicial Attack

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The EU-U.S. Privacy Shield (“Privacy Shield”) is already under challenge before the European courts, after having been approved only some months ago by the European Commission (“EU Commission”). The European courts’ website records that an action for annulment has been brought by Digital Rights Ireland, the privacy and digital rights advocacy organization, before the General Court of the European Union.  A spokesperson for the court has confirmed that Digital Rights Ireland’s application seeks annulment of the EU Commission’s July 12, 2016 Privacy Shield decision, which found [...] Read more

Department of Commerce Announces First Privacy Shield Participants

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Over the weekend, the Department of Commerce’s Privacy Shield website was updated to show the first participants in the U.S.-EU Privacy Shield.  In total, about 45 companies have registered for Privacy Shield.  Prominent examples include Microsoft Corp. (along with 20 subsidiaries), Salesforce, and corporate-travel giant World Travel, Inc. Companies with questions about Privacy Shield are welcomed to visit our detailed Privacy Shield FAQs. Alston & Bird is closely following the development of Privacy Shield and advising companies on all aspects of EU data protection compliance.  [...] Read more

German DPAs Will Not Be Able to Challenge Privacy Shield this Year

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Even before the ECJ’s Schrems decision invalidated Safe Harbor, the European Commission had begun working closely with US negotiators to craft what has become the U.S.-EU Privacy Shield.  While EU privacy leaders have noted that Privacy Shield represents important improvements in data protection, some German DPAs have voiced a desire to challenge Privacy Shield in court.  This desire is not necessarily uniform; Germany has 16 state and one federal DPA, and their approaches to particular issues can diverge.  Nonetheless, as we reported last year, at least one German DPA has taken the position [...] Read more

EU Commission Publishes Long-Awaited Privacy Shield Citizen’s Guide

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Just over two weeks ago, the European Commission formally adopted the US-EU Privacy Shield.  As part of making Privacy Shield accessible to EU residents, the Commission has long planned to issue a "Citizen's Guide" to the rights and remedies EU residents enjoy when data is transferred to certified Privacy Shield organizations.  (A leader in the Commission's Directorate-General for Justice and Consumers announced that a Citizen's Guide was in the works at an event Alston & Bird co-hosted back in March.) Today, the Commission released its "Guide to the EU-U.S. Privacy Shield" for EU residents [...] Read more

Join Our Roadmap to the GDPR Webinar: Outsourcing & Processors — with Brexit

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Alston & Bird invites you to join us for the third program in our Roadmap to the GDPR webinar series: Brexit Analysis, Outsourcing & Processors.  Our GDPR Roadmap series provides you with the critical information you need to assess and address the myriad issues raised by the passage and implementation of the GDPR.  This webinar will be held on Thursday, July 14, 2016 at 1:00 pm EST. To register for this program, please click here. The speakers for this event are Alston & Bird attorneys Peter Swire, Jan Dhont, and Karen Sanzaro.  This session will cover the following [...] Read more

EU-US Privacy Shield – FAQs

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Today, the European Commission (“EU Commission”) formally approved a new transatlantic framework for the transfer of personal data from Europe to the United States (“U.S.”) (the “Privacy Shield”). Under the EU Commission’s decision approving the new framework ( the “Adequacy Decision”), U.S. organizations participating in the Privacy Shield will be deemed to ensure an “adequate level of protection” for the transfers of personal data from Europe to the U.S.. The Privacy Shield is the result of extensive negotiations between the EU Commission and the U.S. Department of Commerce [...] Read more

EU Institutions Weigh In on Commission’s EU-U.S. Privacy Shield Proposal

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Last week has seen two important developments in relation to the EU-U.S. Privacy Shield (“Privacy Shield”) for transfers of personal information from Europe to the United States. A draft adequacy decision and related documentation for the Privacy Shield were released by the EU Commission on February 29, 2016, and are now being reviewed by the relevant EU bodies. Following an opinion by the consortium of data protection authorities (“DPAs”), the Article 29 Working Party (“WP29”), which called for substantial amendments to the Privacy Shield, the EU Parliament and the European Data [...] Read more

Revised Safe Harbor Agreed: Introducing the New “EU-U.S. Privacy Shield”

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European Commission and U.S. officials today announced reaching a “political agreement” on a new Safe Harbor framework. The new framework will be called the “EU-U.S. Privacy Shield.” In a press conference and a press release today, European officials highlighted the following points about the new framework: Limitations on surveillance: Commission officials report that the U.S. has provided “written assurances” that “the access of public authorities for law enforcement and national security will be subject to clear limitations, safeguards and oversight mechanisms.” Annual [...] Read more