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On February 2, 2016, the EU Commission and the U.S. government approved the EU-U.S. “Privacy Shield”. This new framework reflects the requirements set out by the European Court of Justice in its ruling of October 6, 2015, which declared the old Safe Harbor framework invalid (see here for more information). The new Privacy Shield will […]

On October 29, 2015, Reuters reported that according to U.S. Secretary of Commerce Penny Pritzker, “Safe Harbor 2.0” is very near to be a reality. On the European side, on October 26, 2015, Vera Jourova, the EU Commissioner for Justice, Consumers and Gender Equality, reiterated that “it is crucial to conclude the discussions with our […]

The Court of Justice of the European Union on October 6, 2015 released an important decision ruling the transfer of personal data from the European Union to the United States, consistent with the opinion by Advocate General, Yves Bot, of September 23, 2015. The ruling repealed the Decision 2000/520 of the European Commission that had […]

On October 6, 2015, the European Court of Justice (ECJ) issued its decision in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). As suggested by the Advocate General Yves Bot (“AG”) on September 23, 2015, (see here), the ECJ held a Commission’s decision of adequacy pursuant to Article 25(6)   does not prevent a supervisory authority […]

On February 8, 2016, the French Data Protection Authority (CNIL) issued a formal notice to Facebook to comply within three months with the French Data Protection Act. According to CNIL, among other violations, Facebook is breaching French Data Protection Laws by transferring “personal data to the United States on the basis of Safe Harbour, although the […]

  According to these sources (see here in Spanish and here in English), in November 2015, the Agencia Española de Proteccion de Datós (AEPD) sent a notice to all Spanish companies known to transfer data to third countries. The AEDP asked those companies to cease international data transfers after the European Court of Justice held the Safe Harbour […]

After the ECJ’s decision invalidating the Safe Harbor, other countries are following that path questioning data transfers to the US. The Swiss Data Protection Authority (FDPIC) opined that  when dealing with modern means of communication, the use of certain tools and the disclosure of personal data should always be approached with caution. If data has […]

In light of the recent decision in C-362/14 (Maximilian Schrems v. Data Protection Commissioner), European Data Protection Agencies may suspend data transfers under Safe Harbor. Multinational companies might start to get worried. But are there other instrument to transfer data between the EU and the US? Yes! According to WP29, there are at least two other […]

On September 23, Advocate General Yves Bot at the European Court of Justice (“AG”) released his Opinion in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). Waiting for the decision of the European Court of Justice – expected on October 6 – and keeping in mind that the Court follows the Advocate General’s opinions 80% of […]

On September 23, Advocate General Yves Bot at the European Court of Justice (“AG”) released his Opinion in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). Waiting for the decision of the European Court of Justice – expected on October 6 – and keeping in mind that the Court follows the Advocate General’s opinions 80% of […]