EU-US Privacy Shield

Latest in EU-US 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.


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.


Transatlantic Setback or Invitation to Dialogue?: EU Data Regulators’ Verdict on Privacy Shield

EU data protection authorities, the Article 29 Working Party (WP), have issued a comprehensive analysis of the proposed EU-US data transfer agreement. Privacy Shield, as it’s known, would replace the Safe Harbor agreement struck down by the Court of Justice of the European Union (CJEU) in Schrems. Since the CJEU in Schrems relied heavily on the WP’s earlier critical assessment of Safe Harbor, the WP’s take on Privacy Shield has been eager anticipated.


Privacy Shield’s Prospects: The Good, the Bad, and the Ugly

If the devil is in the details, then the announcement early Monday of the inner workings of the new US-EU data-transfer agreement, Privacy Shield, may lack the granularity the deal needs to flourish. There is much to applaud in the new agreement, including extraordinary transparency from the US and a new safeguard to address EU privacy complaints in the form of a State Department Ombudsperson.

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