EU-US Privacy Shield

Latest in EU-US Privacy Shield

Cross-Border Data

U.S. Commitment to the Privacy Shield Remains Strong

My friend Cam Kerry, in a recent Lawfare post expressed concern that actions of the Trump Administration are undermining the Privacy Shield, the important agreement between the United States and the European Union that permits transatlantic data flows. Kerry fears that “the damage the president and his administration have done to relationships with Europe and perceptions of the United States as a trusted partner” will make it hard to sustain the Privacy Shield.

Cross-Border Data

Trump Puts U.S.-EU Privacy Shield At Risk

The U.S.-EU Privacy Shield framework, the agreement between the U.S. government and the European Commission that enables continued flows of commercial data from Europe to the United States, is undergoing its first annual review by the Commission and other European institutions. A report on their review is due in September. In the longer term, the Privacy Shield faces potential legal challenges in the Court of Justice of the European Union. [Disclosure: I have advised legal clients on the Privacy Shield and legal challenges.]

Privacy Paradox

So Much for the Privacy Shield

Digital commerce across the Atlantic is highly dependent on the free flow of data. And that, in turn, is dependent on the existence of roughly equivalent privacy protections on both sides of the Atlantic that provide legal, and practical, comfort to Europeans and Americans about the security and privacy of their personal information.

Privacy Paradox

The Economic Case for Preserving PPD-28 and Privacy Shield

As the new administration takes office this week, we will start to see just how literally to take Donald Trump's pronouncements and the promised targeting of his predecessor’s executive orders for immediate destruction. Trade policy appointments signal that statements about being aggressive against barriers to trade should be taken very literally. Wilbur Ross, the prospective Commerce Secretary; Peter Navarro, tapped to lead a new Trade Council on the White House staff; and Robert Lighthizer, designated U.S.

Privacy

Needles in Haystacks: The Coming Threat to Trans-Atlantic Data Transfer Agreements

Over the past fifteen years, an uneasy trans-Atlantic equilibrium between U.S. law enforcement and security agencies’ collection of personal information, sometimes on a bulk basis, and European privacy protection imperatives has prevailed—even despite Edward Snowden's disclosures. Most notably, beginning in the immediate post-9/11 era, international agreements enabling U.S. access to Europeans’ airline passenger name records (PNR) and international bank transaction data were reached, and have been quietly functioning.

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