Privacy Shield officially adopted by the EU Commission … but American organizations “targeting Europe” might want to consider whether GDPR compliance would make more sense

On July 12, 2016, the European Commission officially approved the Privacy Shield, issuing the decision of adequacy (“Decision”). The Privacy Shield is supposed to provide a safe mechanism to transfer personal data from the EU to the US for those organizations that comply with the framework.  Compared to the Safe Harbor (which the Privacy Shield […]

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Millennials are less concerned with privacy than older generations, ICO’s Annual Track 2016 finds

  On April 2016, the Information Commissioner’s Officer (ICO) issued the Annual Track 2016, a research that assesses the level of awareness of UK population of its information/privacy rights. According to the document, the most important social issue for UK citizens is health care. Only 15% is concerned with protection of personal information. And the younger generations seem […]

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French DPA (CNIL) launches consultation to help prepare for the GDPR

On June 16, 2016, the French data protection agency (CNIL) opened a consultation on the EU Data Protection Regulation (GDPR). The consultation aims at helping the Article 29 Working Party with the guidelines that it is preparing on Data Protection Officers, data portability, Privacy Impact Assessment, and certification. The purpose is to collect concrete questions, […]

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In Brady’s “deflategate” case, destruction of evidence (cell phone) rightly supported adverse inference by NFL Commissioner acting as arbitrator, the Second Circuit found

In New England Patriots quarterback Tom Brady’s sanction case (“deflategate”), the Second Circuit upheld the decision of the Commissioner imposing sanctions on Brady for his involvement in a scheme to deflate footballs in the 2015 AFC. A significant issue in front of the court was whether it was proper for the Commissioner to derive the […]

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Barristers publish non-partisan, fact-based report on EU membership (consequence of Brexit on data protection is discussed)

The report consists of three papers and one executive summary. The Report spells our the “the legal impacts of withdrawal” in the Executive summary and in paper I. The Report also discusses the consequences of Brexit on data protection: We consider, were the UK to remain in the EU, that the new General Data Protection […]

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Privacy Shield not robust enough to withstand ECJ’s future legal scrutiny, European Data Protection Supervisor opines

  On May 30, 2016, the European Data Protection Supervisor (EDPS) – whose mission is to advise the EU institutions on the data protection implications of their policies — published Opinion 4/2016 on the EU-U.S. Privacy Shield draft adequacy decision. According to the press release the Privacy Shield as it stands is not robust enough to withstand future […]

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Christopher Kuner, Reality and Illusion in EU Data Transfer Regulation Post Schrems

Interesting article discussing international data transfer between Europe and the U.S. Abstract:  “In Schrems v. Data Protection Commissioner, the Court of Justice of the European Union invalidated the EU-US Safe Harbour arrangement allowing personal data to be transferred to the US. The judgment affirms the fundamental right to data protection, defines an adequate level of […]

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Implementing EU Digital Single Market agenda through new ecommerce rules

On May 25, 2016, the EU Commission proposed new legislation to “allow consumers and companies to buy and sell products and services online more easily and confidently across the EU”. As a way to implement a Digital Single Market, the EU Commission plans to boost e-commerce by: “Tackling geoblocking” –  The proposed legislation shall ensure that consumers seeking […]

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