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In January 2014 the Federal Trade Agency informed that twelve U.S. businesses agreed to settle after they falsely claimed to be abiding by the international privacy framework known as the U.S.-EU Safe Harbor. The U.S.-EU Safe Harbor enables U.S. companies to transfer consumer data between the United States and the European Union, in compliance with […]

From the Article’s Conclusion: “Rule 37(f) represents a carefully considered policy judgment reconciling two sometimes competing policy considerations: the need for preservation of potentially responsive ESI for use in litigation and the need to minimize the unnecessary intrusion into productive use of the systems involved. Its impact is carefully targeted and depends upon court endorsement, […]

2006 Fed. Cts. L. Rev. 7 The full text is available with subscription at: http://www.fclr…

The U.S.-EU Safe Harbor Framework was drafted by the U.S. Department of Commerce in consultation with the European Commission and it was approved by the EU in 2000.  STRUCTURE The U.S.-EU Safe Harbor Framework is comprised of 7 Safe Harbor Privacy Principles, 15 FAQs, letters from the Federal Trade Commission and the Department of Transportation […]

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 […]

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 July 16, 2020 the European Court of Justice (ECJ) issued an epochal decision (judgment in case C-311/18 Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems): not only was the Privacy Shield wiped out (the Decision on the adequacy of the protection provided by the EU-US Data Protection Shield was invalidated) but the ECJ, […]

  On June 14, 2019, the FTC reached a settlement with  SecurTest, Inc., a background screening company over allegations that it falsely claimed to be a participant in the EU-U.S. Privacy Shield program. This is the result of the FTC taking action against false claims of participating to the EU-US Privacy Shield Framework. See here. […]

On May 16, 2018, the Garante per la Protezione dei Dati Personali, Italy’s Data Protection Authority (DPA), authorized the transfer of personal data using Binding Corporate Rules, BCR, approved by May 24, 2018. What is BCR. BCRs are a tool to allow the transfer of personal data among branches belonging to the same multinational company […]