January 9, 2017
In October 2015, the Court of Justice of the European Unio (CJEU) ruled that the EU-U.S. Safe Harbour framework, the long-standing trans-Atlantic data transmission channel, was invalid. This case originated with objections brought before the Irish courts by privacy campaigner, Max Schrems, against the transfer of data by Facebook Ireland to the U.S. The decision to strike down Safe Harbour led to months of legal uncertainty and prompted a collaborative effort between the U.S. and EU data protection authorities, culminating in the EU-U.S. Privacy Shield.
Privacy Shield Launch
The European Commission adopted the Privacy Shield on 12 July 2016 highlighting the social and economic importance of data flows between Europe and the U.S. and emphasising the certainty that the Privacy Shield would bring.
ILN Today Post
February 29, 2016
No matter what anybody says, the “privacy shield” is just “smoke in the eyes”. There are not fundamentals to protect personal data in the way the European Court of Justice asked in October 2015 Judgment versus Facebook (C-362/14, 6 October 2015).
Many people thought of the Judicial Redress Act (hereinafter JRA) as a rule extending to US citizens’ prerogatives to “allied countries citizens”.
Maybe the first version of the JRA, the one passed behind the House of Representatives in October 2015, was drafted in this perspective.
ILN Today Post
February 12, 2016
Negotiators from the European Commission and the United States have announced an agreement to replace the U.S.-EU Safe Harbor Framework for certain cross-border data transfers which was struck down last October by the European Union’s Court of Justice. However, complete details of the agreement have not yet been made available, and significant hurdles remain before it can take effect.
The European Commission’s Data Protection Directive requires that countries to which the personal data of EU residents are transferred maintain adequate standards for data protection (to see a previous D&G Alert on data protection, click here). Over 15 years ago, the Safe Harbor program was put in place to enable the transfer of personal data from EU residents to companies in the United States in a manner that, it was expected, was in compliance with the EU standards.