Archives: EU Data Protection

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FRENCH LAW FOR A DIGITAL REPUBLIC ADOPTED – Part III: Significant Changes are in Store for Online Platforms, Telecom Operators and Online Communication Providers

Written by Carol A.F. Umhoefer and Caroline Chancé As reported earlier here and here, France’s Law for a Digital Republic (“Law”) introduces important amendments to French data protection law. But once implementing decrees are adopted (expected later this year and in March 2017), the Law will also bring significant changes to online platform operators, telecom … Continue Reading

France’s Law for a Digital Republic expands transparency rules – significant changes for platforms, telecoms, online providers

Written By Caroline Chancé and Carol A. F. Umhoefer France’s newly published Law for a Digital Republic includes key provisions that aim to foster more consumer and user trust in the digital ecosystem by requiring enhanced transparency and fairness obligations for online platforms and heightened confidentiality of private electronic  correspondence. These provisions will be fully effective … Continue Reading

Managing third parties under the Privacy Shield needs care

Written by Rena Mears, Ryan Sulkin, Eric Roth and Jim Halpert Controllers need to negotiate contract terms with third-party controllers and processors that are consistent with the controller’s obligations under the Shield. By Rena Mears, Ryan Sulkin, Eric Roth and Jim Halpert. The Privacy Shield’s heightened infrastructure, regulatory, and documentation requirements present participating companies with … Continue Reading

EUROPE: ECJ – Dynamic IP addresses may constitute personal data

Written by Jan Pohle and Jan Spittka In its landmark decision in the case Breyer v. Federal Republic of Germany (decision dated 19 October 2016, case number C-582/14), the European Court of Justice (ECJ) not only ended the long and tricky debate whether dynamic IP addresses constitute personal data even if the data controller processing … Continue Reading

Belgian Privacy Commission issues a 13 steps plan for companies preparing for GDPR compliance

Following a series of guidance published by fellow national DPAs, the Belgian Privacy Commission launched a 13 step GDPR-readiness roadmap helping companies processing personal data to start preparing themselves. The Privacy Commission will also create a GDPR-themed section on its website where data controllers and processor can consult additional guidelines, instruments and frequently asked questions. … Continue Reading

Final Privacy Shield: How it Changed and What It Means for Businesses

On August 1st, the U.S. Department of Commerce will begin accepting applications for Privacy Shield certifications. For US organizations collecting employee and customer data from the EU, the past year has been an anxious one, as the European Court of Justice invalidated the EU-US Safe Harbor program in October 2015 and the terms of a … Continue Reading

Data Protection Working Party Announces decision to reject EU-US Privacy Shield

Written by Sydney White On April 13, the Article 29 Data Protection Working Party announced a decision to reject the EU-US Privacy Shield agreement as drafted and requested changes based upon the following concerns, on which we provide some initial analysis. The Privacy Shield lacks clarity due to its format (the European Commission adequacy decision … Continue Reading

EUROPE – US: EU Data Protection Authorities voice strong concerns about Privacy Shield

EU Data Protection Authorities demand improvements before EU – US transfer mechanism will be approved. The Article 29 Working Party (“WP29“), which comprises the national data protection authorities of the EU member states, issued a statement on Wednesday strongly criticizing the draft “EU – US Privacy Shield” proposal. Privacy Shield is intended to be the … Continue Reading

EUROPE: The Applicability Of EU Data Protection Laws To Non-EU Businesses

Written by Carol Umhoefer (Carol.Umhoefer@dlapiper.com) and Caroline Chancé (Caroline.Chance@dlapiper.com). This article first appeared in E-Commerce Law and Policy – volume 18 issue 03 (March 2016). On December 16, 2015, the Article 29 Data Protection Working Party (“WP29″) updated their Opinion 8/2010[1] on applicable law in light of the landmark decision Costeja v. Google[2] rendered by … Continue Reading

MATERIALS NOW AVAILABLE ON DEMAND – From Safe Harbor to Privacy Shield: What Now?

We are pleased to offer materials from our March 7 webinar. The EU announced last month that the negotiations to create a new framework permitting data transfers between Europe and the US have concluded, and the new framework has been agreed. The Privacy Shield text and supporting materials have also been released. The new program, … Continue Reading

US COMMERCE DEPARTMENT, EC RELEASE PRIVACY SHIELD DETAILS; EC RELEASES ADEQUACY DECISION ON SHIELD’S PROTECTIONS

On February 29, 2016, the Department of Commerce and European Commission released the details of the new US-EU Privacy Shield program, intended to replace the now defunct US-EU Safe Harbor program. According to the materials released, the new program includes an expanded set of privacy principles, increased operational vetting to be conducted by the Commerce … Continue Reading

ANALYSIS: WHAT TO EXPECT FROM THE PRIVACY SHIELD AND THE GENERAL DATA PROTECTION REGULATION (GDPR)

Written by Giangiacomo Olivi, Jim Halpert and Carol Umhoefer DLA Piper Shared Insights at Bloomberg Law’s 2016 Outlook on Privacy and Data Security in Washington DC On February 3rd, the day after the announcement of the US-EU Privacy Shield provisional agreement, DLA Piper’s Carol Umhoefer, Jim Halpert and Giangi Olivi discussed EU data protection developments … Continue Reading

WP29 Says to Continue Using MCs and BCRs to transfer EU Data to US

Following on from yesterday’s announcement regarding the political agreement of the EU-US Privacy Shield, to replace the Safe Harbor program, European data protection authorities met today to be briefed on this. Their view at present seems to be cautiously optimistic. The group, called the Article 29 Working Party, welcomed the political agreement but noted that … Continue Reading

AGREEMENT REACHED ON REPLACEMENT TO EU-US SAFE HARBOR;

EU Justice Commissioner Vera Jourová and her colleague Andius Ansip gave a press conference this afternoon (local time) announcing that the long-running negotiations between the EU and US to find a replacement to the invalidated Safe Harbor program have reached a successful conclusion. The US Department of Commerce gave a subsequent briefing about the agreement … Continue Reading

POLAND: Safe Harbor Decision – Polish Data Protection Authority (the GIODO) Issues Statement on Its Approach

Written By Justyna Wilczyńska-Baraniak and Damian Karwala, DLA Piper Wiater GIODO broadly confirms Article 29 Data Protection Working Party’s 16 October 2015 statement The Polish data protection authority (Inspector General for Personal Data Protection – “GIODO”) has released a statement regarding the Safe Harbor Decision of the European High Court of Justice (statement available in … Continue Reading

Safe Harbor: European Commission issues guidance to clarify the EU-US data transfer conundrum

On 6 November 2015, the European Commission issued guidance in the form of a Communication on the transfer of personal data from the EU to the US following the Schrems Judgment at the beginning of October (for information on the Judgment, see DLA Piper’s Privacy Matters blog post).… Continue Reading
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