New Agreement on Privacy Shield Set to Become Final in Early July

Grant Petersen, Simon McMenemy and Hendrik Muschal,  Tuesday, June 28, 2016

On June 24, 2016, the European Commission announced that it had reached a final agreement with the United States on the terms of the EU-U.S. Privacy Shield, which will permit U.S. companies to transfer the personal data of European Union (EU) citizens to the United States in compliance with EU data protection laws.

There May Have Been a Breakthrough On the U.S.-EU Privacy Shield Deal

David Meyer, Fortune,  Saturday, June 25, 2016

The officials said the Commission had agreed on “additional clarifications” with the U.S. on American mass surveillance powers, the role of the “ombudsperson” who will adjudicate complaints from EU citizens about their data being abused, and the transfer of EU citizens’ data to other companies.

EU, United States agree on changes to strengthen data transfer pact

Julia Fioretti, Reuters,  Friday, June 24, 2016

The European Union and the United States have agreed changes to a data transfer pact that is key to transatlantic business, including stricter rules for companies holding information on Europeans and clearer limits on U.S. surveillance. The revised EU-U.S. Privacy Shield was sent for review by European member states overnight. They are expected to hold a vote in early July, several EU sources said, at which point it will enter into force.

EU Model Clauses Challenge - America Fights Back

Ian De Freitas, Lexology,  Friday, June 17, 2016

The American Government is seeking to intervene in the challenge brought by privacy activist Max Schrems to the validity of EU Model Clauses – the mechanism that many organisations switched to as a means to allow transatlantic data transfers following the invalidation of Safe Harbor in October 2015. In our blog, Model Clauses under threat - or are they?, we predicted that there would be more of a fight over Model Clauses than occurred with Safe Harbor. The stage now seems set for a debate about the extent of US Surveillance activities and how they compare with European practices and protections.

Data protection groups seek to join key High Court case

Mary Carolan, Irish Times,  Friday, June 17, 2016

Digital Rights Ireland and a US-based civil liberties group want to be joined to a pending data protection case which could have huge international implications, the High Court has heard. The US government earlier this week also secured leave to bring an application to be joined to the High Court action, initiated by Data Protection Commissioner Helen Dixon

Untying the Global Dataflows Mess

Eduardo Ustaran, Lexology,  Wednesday, June 8, 2016

One of Harry Houdini’s most difficult tricks consisted of escaping from a nail-fastened and rope-bound wooden crate with manacles on his hands and feet, while submerged in New York’s East River. That feat is starting to look straightforward when compared to the prospect of lawfully exporting personal data out of the European Union. The restrictions on transfers of data to jurisdictions that do not provide an adequate level of protection have been in place for more than 20 years. And while these restrictions have not prevented the development of the digital economy, judging by this issue’s current direction of travel, we could be facing a situation from which not even the great Houdini could escape.

Data Localization Takes Off as Regulation Uncertainty Continues

Stephen Dockery, Wall Street Journal,  Monday, June 6, 2016

Companies are putting the pedal to the floor to get data stored in European countries as the information environment becomes complicated by a new privacy law and threatened by the possible failure of a U.S.-EU data transfer agreement. Data center operations have been booming for years, but there’s a new urgency in setting them up.

Opinion: Is your data really safer in Europe?

Kenneth Bamberger and Deirdre K. Mulligan, Christian Science Monitor,  Monday, June 6, 2016

Focusing only on the US would indulge two widespread fallacies about the relative levels of privacy protection in the US and the EU. Action based on these flawed ideas will increase rather than decrease the risks to personal privacy.

EU and US officials sign 'umbrella' data protection agreement, but it's no Privacy Shield

Peter Sayer, Network World,  Friday, June 3, 2016

The European Commission has signed a landmark agreement with the U.S. in its quest to legitimize the transatlantic flow of European Union citizens' personal information Re: the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses.

Top EU data cop slams Safe Harbor replacement as inadequate

Alexander Martin, The Register,  Tuesday, May 31, 2016

The EU's independent data protection supervisor has said that the proposed US-EU data sharing agreement, Privacy Shield, "is not robust enough to withstand future legal scrutiny" and has refused to endorse it. "Significant improvements are needed should the European Commission wish to adopt an adequacy decision, to respect the essence of key data protection principles with particular regard to necessity, proportionality and redress mechanisms. Moreover, it’s time to develop a longer term solution in the transatlantic dialogue," said Giovanni Buttarelli, the European Data Protection Supervisor (EDPS), in his official opinion on Privacy Shield. (PDF)