Today, the consortium of European data protection authorities, the Article 29 Working Party (“WP29”), released a much awaited statement on the consequences of the European Court of Justice (“ECJ”) decision that invalidated the Safe Harbor framework. Companies will be relieved to find that alternative transfer mechanisms, such as Model Contracts or Binding Corporate Rules, are […]
International
Statement from Peter Swire on Safe Harbor Agreement
Peter Swire issued the following statement today following news of a revised Safe Harbor framework. Today the European Union and United States announced a new framework for transatlantic data flows, called the EU-US Privacy Shield. This will update the EU-US Safe Harbor agreement, for which I was part of the negotiating team in 2000. At […]
Examining the Judicial Redress Act
The proposed Judicial Redress Act has recently been touted as a critical step towards developing a revised “Safe Harbor 2.0″ framework. (See our prior posts on Safe Harbor here and here.) This post summarizes the essential provisions of the bill as passed by the House of Representatives and currently pending before the U.S. Senate. As […]
Germany’s Christmas Present: Data-Protection Class Actions
Following the European Court of Justice’s Schrems decision invalidating the Safe Harbor mechanism, much attention has focused on how the Data Protection Authorities (DPAs) of EU member states would interpret and enforce Schrems. While close attention to DPA activity is important—and will become even more so upon the passage of the EU General Data Protection […]
Senior Counsel Peter Swire to Debate European Privacy Activist Max Schrems
Peter Swire, Alston & Bird Senior Counsel and Huang Professor of Law and Ethics at the Georgia Institute of Technology Scheller College of Business, will debate privacy activist Max Schrems on January 26, 2015 in Brussels, Belgium. The event, sponsored by the Brussels Privacy Hub at the Vrije Universiteit Brussel, will take place at the […]