WHAT WILL U.S. COMPANIES HAVE TO DO TOPrivacy Shield Agreement • October 26th, 2022
On February 2, 2016, the EU Commission and U.S. Department of Commerce reached an agreement on a program called the EU-U.S. Privacy Shield (“Privacy Shield”) that establishes a new framework for the transfer of personal data for commercial purposes from the EU to the U.S. The Privacy Shield replaces the Safe Harbor Program (“Safe Harbor”), which the European Court of Justice (“CJEU”) struck down last October in the Schrems case over concerns that U.S. companies were not adequately protecting the personal information of EU citizens.
EU and U.S. Reach Agreement on Safe Harbor Replacement: 'EU-U.S. Privacy Shield'Privacy Shield Agreement • March 19th, 2022
The European Commission (EC) and U.S. Department of Commerce (DOC) have been negotiating a new Safe Harbor framework (Safe Harbor) governing the transfer of data from the European Union (EU) to the U.S. for over two years. After invalidation of Safe Harbor in October 2015 by the European Court of Justice (ECJ), EU Member State data protection authorities (DPAs) agreed to hold off on enforcement against companies utilizing Safe Harbor until January 31, 2016, thus imposing a de facto deadline on the framework negotiators to agree on a replacement by that time.
ContractPrivacy Shield Agreement • September 16th, 2022
From “Safe Harbor” to “Privacy Shield”: laying the groundwork for a new agreement on transatlantic data transfer with the United States
SIDLEY UPDATEPrivacy Shield Agreement • October 21st, 2020
The European Commission announced on February 2, 2016, that a political agreement has been reached on a new framework on transatlantic data flows. This announcement follows weeks of intense discussions by EU and
ContractPrivacy Shield Agreement • May 26th, 2022
The E.U.-U.S. Privacy Shield agreement assists in the free flow of commerce by allowing companies to transfer data between the European Union and the United States, but it could be in jeopardy if U.S. surveillance law is not reformed. The Privacy Shield agreement was built on assurances that the U.S. would not subject Europeans’ data to “indiscriminate mass surveillance.” However, under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the U.S. government is authorized to collect non-U.S. persons’ electronic communications either stored by U.S. providers or in transit to them. Concern about this broad collection under 702 played an important role in the Court of Justice of the European Union (CJEU)’s decision to invalidate Privacy Shield’s predecessor, the E.U.-U.S. Safe Harbour agreement and undergirds two current legal challenges to Privacy Shield. To ensure the continuation Privacy Shield, any re-authorization of 702 this year must be accompanied by meaningful reforms
