WP29 refuse to endorse Privacy Shield scheme

by Jonathan Armstrong, Gayle McFarlane, André Bywater As anticipated the Article 29 Working Party (often known as WP29), a group of the EU’s data protection regulators met in Brussels today to discuss the European Commission’s Privacy Shield scheme, the proposed replacement for Safe Harbor. As we had anticipated in our earlier alerts WP29 decided that in their view […]

Francesca Giannoni-Crystal, so much promise, so little delivery …, i.e. why the Privacy Shield might not matter much for the biggest American businesses (read: tech-giants)

After the October 6, 2015, European Court of Justice’s annulment of the Safe Harbor decision of adequacy (Maximilian Schrems v. Data Protection Commissioner), the European Data Protection Authorities (DPAs) gave businesses until January 31, 2016, for the start of enforcement of the Schrems’ decision (see here). The Safe Harbor Scheme had been used for almost 15 years as the […]

Consumer Financial Protection Bureau (CFPB) issued first order for violation of privacy

On March 2, 2016, the Consumer Financial Protection Bureau (CFPB)  brought its first data security enforcement action, acting as federal data security regulator to ensure that financial companies and service providers adequately secure consumers’ information. The CFPB, a federal agency – whose creation was authorized by the Dodd–Frank Wall Street Reform and Consumer Protection Act in […]

Facebook’s alleged violation of EU data protection law leads to German Antitrust’s proceeding for abuse of market dominance

The Bundeskartellamt (the German AntitrustAuthority) initiated a proceeding against Facebook Inc., USA (the Irish sub sidiary of the company) and Facebook Germany GmbH, Hamburg on allegations that the tech giant abused its dominant position in the social market networks market by way of imposing certain terms of service on the use of data. The Antitrust […]

EU Commission issues legal texts to implement EU-US Privacy Shield and releases draft adequacy decision

On February 29, 2016, the European Commission issued the legal texts to implement the EU-US Privacy Shield and a communication relevant to that. The Commission also released a draft “adequacy decision”. Once adopted, the adequacy decision establishes that “the safeguards provided when data are transferred under the new EU-U.S. Privacy Shield are equivalent to data protection standards […]

The Internet-of-Things (IoT) (or Internet of Everything) – privacy and data protection issues in the EU and the US

Francesca Giannoni-Crystal & Allyson Haynes Stuart have just published in the Information law Journal an article dealing with privacy and data protection in the IoT. The article deals with recent developments in the IoT sector, highlights the difficulty of giving a definition of the IoT, and discuss the most important authorities (on the two side of the Atlantic) […]

Class actions for privacy violations becomes a reality in Germany

The German Government approved the draft law to improve enforcement of certain data protection law provisions that aim to strengthen consumers’ protection. The law was published on February 17, 2016 and entered into force on February 24, 2016. In particular, the law empowers consumers and business associations to commence actions against (and issue warnings to) companies who […]