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Category Archives: International

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Are Dynamic IP Addresses Personal Data? A Primer

Last month, one of the Advocate Generals (“AG”) of the Court of Justice of the European Union (“CJEU”), Manuel Campos Sánchez-Bordona, issued an opinion suggesting that dynamic IP addresses should be recognized as “personal data” under EU law. If the CJEU adopts this reasoning, it would represent a landmark decision that would resolve a contentious … Continue Reading

Article 29 Working Party has “Strong Concerns” About Privacy Shield

On Wednesday, the EU’s Article 29 Working Party issued its much-anticipated statement on the viability of the proposed EU-US Privacy Shield. As we’ve detailed previously, EU and US officials reached agreement on the Privacy Shield arrangement, which was meant to serve as a replacement for the invalidated Safe Harbor program, back in February, and released … Continue Reading

French Data Protection Wants to Force Google to Extend the Right To Be Delisted to All the Search Engine’s Extensions

Co-authored by Geoffrey Roche   On March 10, 2016, the French data protection agency (« CNIL ») pronounced a €100.000 ($111,715) fine against Google Inc. for failure to comply with its formal injunction of May, 2015 ordering the company to extend delisting to all the search engine’s extensions.… Continue Reading

Safe Harbor 2.0 Agreement Reached; New Program to be Named “Privacy Shield”

Yesterday, the European Commission announced that EU and US officials had reached an agreement to implement a program known as the EU-US Privacy Shield.  Privacy Shield is designed to be the successor to the Safe Harbor program, which the European Court of Justice (CJEU) invalidated last October.  The announcement brings some relief to the many … Continue Reading

New Safe Harbor Deal Possible by February 1

Companies anxiously watching their calendars to see if a new Safe Harbor program will be introduced before the end of January may get their wish: yesterday, a European Commission official announced that the Commission will inform the European Parliament of the outcome of negotiations for a new Safe Harbor program by Monday, February 1.  This … Continue Reading

A Primer on the GDPR: What You Need to Know

Now that it’s been approved by the EU Parliament’s Civil Liberties Committee, Europe’s General Data Protection Regulation (the “GDPR” or the “Regulation”) is well on its way to replacing the 20-year-old Data Protection Directive (the “Directive”) as the EU’s omnibus data protection law.  Although it won’t officially become law until it receives the approval of … Continue Reading

GDPR Text Approved

Following yesterday’s announcement that European officials had agreed on the language of the EU’s new General Data Protection Regulation (“GDPR” or “Regulation”), today the EU Parliament’s Civil Liberties Committee approved the text of the GDPR.  The GDPR isn’t law yet, as it still needs to be approved by the EU Parliament next month.  However, the … Continue Reading

EU Officials (Finally) Agree on New Data Protection Regulation

After nearly four years of negotiation and wrangling, European Officials announced yesterday that they had finally reached agreement on the language for the EU’s new General Data Protection Regulation (“Regulation), which will replace the aging 1995 Data Protection Directive (“Directive”). In many ways, the announcement is welcome news as it will harmonize what had become … Continue Reading

The European Commission Issues Guidance on Alternative Cross-Border Data Transfer Tools

Today, one month after the European Court of Justice decision that invalidated the Safe Harbor framework, the European Commission (the “Commission”) issued a Communication setting forth its position on alternative tools for the lawful transfer of personal data from the EU to the United States.  The Commission also stated its objective to conclude negotiations with … Continue Reading

German DPAs Announce Policy Severely Limiting Mechanisms for Lawful Germany-to-U.S. Data Transfers

Over the course of the coming weeks, we will examine the various options available to companies in light of the European Court of Justice’s (CJEU) decision invalidating the US-EU Safe Harbor framework, including model contracts, binding corporate rules (BCRs), consent and reliance on derogations. News out of Germany, however, indicates that a one-size-fits all approach … Continue Reading

A German DPA Questions the Validity of the Use of Consent and Model Contractual Clauses to Transfer Personal Data to the U.S.

Just one week after the milestone decision rendered by the CJEU (http://curia.europa.eu/juris/celex.jsf?celex=62014CJ0362&lang1=fr&type=TXT&ancre) to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a German data protection authority (DPA) issued a position paper where it states that, … Continue Reading

Uncertainty for the U.S.-EU Safe Harbor Intensified by Non-Binding Recommendation for EU High Court

In a non-binding opinion issued on September 23, 2015, an Advocate General for the European Court of Justice (“ECJ”) recommended that the ECJ suspend the U.S.-EU Safe Harbor program (“Safe Harbor”) and reexamine whether the Safe Harbor provides adequate protection for personal data of EU citizens.  In light of its non-binding nature, the opinion did … Continue Reading

A Primer on Russia’s New Data Localization Law

Privacy and data security professionals worldwide should circle September 1 on their calendars, as it’s the day Russia’s new data localization law goes into effect – and possibly generates major waves far beyond Russian shores.  That’s because the law has significant implications for companies that collect personal information from Russian citizens, even if those companies … Continue Reading

Australia’s New Mandatory Data Retention Law

Last week, Australia became the latest country to pass a mandatory data retention law. The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015, which amends Australia’s Telecommunications (Interception and Access) Act 1979, requires telecommunications and Internet service providers (ISPs) to store customer metadata for two years. This means that Australian ISPs and telecom providers … Continue Reading

European Union Cookie Sweep Highlights Need for Improved Compliance

On February 3, 2015, European data protection regulators released the Cookie Sweep Combined Analysis Report analyzing how websites use cookies to collect data from European citizens and highlighting noncompliance with Article 5(3) of the EU’s ePrivacy Directive. Among other requirements, this directive mandates that website operators obtain users’ consent for the use of cookies or … Continue Reading

From the Right to be Forgotten to the Right to an “e-Reputation’’: First Enforceability Ordered by French Court under Penalty

A few months after the European Court of Justice ruled on May 13, 2014 that search engines are considered personal data controllers under the EU Data Protection Directive of 1995 and, as such, should provide data subjects with a right to be forgotten, a French Tribunal enforced this principle in X & Y v. Google … Continue Reading

Microsoft Ordered to Hand Over Data to the U.S. Government

In April, Microsoft tried to quash a search warrant from law enforcement agents in the United States (U.S.) that asked the technology company to produce the contents of one of its customer’s emails stored on a server located in Dublin, Ireland. The magistrate court denied Microsoft’s challenge, and Microsoft appealed. On July 31st, the software … Continue Reading

e-IDs: the Future of Secure Digital Identification?

Over the past decade, the EU has made significant technological and legal strides toward the widespread adoption of electronic identification cards.  An electronic ID card, or e-ID, serves as a form of secure identification for online transactions – in other words, it provides sufficient verification of an individual’s identity to allow that person to electronically … Continue Reading
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