Tag Archives: Safe Harbor

Department of Commerce Official Holds Briefing on EU Data Protection Forum

Posted on January 11, 2011 by Hunton & Williams LLP

On January 11, 2011, Michelle O’Neill, U.S. Department of Commerce Deputy Under Secretary for International Trade, held a briefing on her November 2010 meetings in Brussels with European data protection authorities. She discussed a data protection and privacy forum that was convened in November at which she met with several high-level European regulators, including Jacob Kohnstamm, Viviane Reding and Peter Hustinx. O’Neill mentioned “the right to be forgotten” as a current hot-button issue in Europe. Commissioner Reding, who is firmly in charge of the reconsideration of the EU Data Protection Directive, focused on ensuring easier compliance with EU data protection rules and greater harmonization among Member States. O’Neill stated that Peter Hustinx was encouraged by the work ongoing in the United States, including the “Green Paper” issued by the Department of Commerce. He considers the various U.S. efforts a basis for further dialogue with U.S. authorities. O’Neill noted that comments to the EU consultation are due January 15, 2011. The Department of Commerce intends to file a response.

Tags: Data Protection Authority, Department of Commerce, EU Data Protection Directive, European Commission, Federal Trade Commission, Jacob Kohnstamm, National Science and Technology Council, Peter Hustinx, Right to be Forgotten, Safe Harbor, Viviane Reding

Senator Kerry’s Senior Advisor Provides Key Insight into Forthcoming Privacy Bill

Posted on December 10, 2010 by Hunton & Williams LLP

On December 10, 2010, Senior Advisor to U.S. Senator John Kerry (D-Mass.), Daniel Sepulveda, briefed the Centre for Information Policy Leadership at Hunton & Williams LLP (the “Centre”) members on Senator Kerry’s forthcoming privacy legislation. The bill, which will be introduced next Congress, aims to establish a regulatory framework for the comprehensive protection of individuals’ personal data that authorizes rulemakings by the Federal Trade Commission. Continue reading…

Tags: Accountability, Consumer Protection, Fair Information Practice Principles, Federal Trade Commission, Gramm Leach Bliley Act, John Kerry, Legislation, Personally Identifiable Information, Safe Harbor

Live Coverage from Jerusalem: FTC Admitted as a Member of the International Group of Data Protection Commissioners

Posted on October 29, 2010 by Hunton & Williams LLP

The international group of data protection commissioners today admitted the U.S. Federal Trade Commission into membership.

Meeting at the 32nd International Conference of Data Protection and Privacy Commissioners in Jerusalem, the commissioners determined that the FTC had the requisite authority and independence to qualify for membership.

The decision has been a long time coming. The U.S. has long sought to be recognized as a member of the data protection group. Last year, the U.S. application was rejected at the international conference in Madrid.

Tags: Consumer Protection, David Vladeck, Federal Trade Commission, Israel, Safe Harbor

Further Discussion on German DPAs Enforcement of the Safe Harbor Compliance

Posted on August 12, 2010 by Hunton & Williams LLP

Following our blog entry posted on June 2, 2010, Dr. Jörg Hladjk of Hunton & Williams offers additional insights on the obligations of German data exporters with respect to the Safe Harbor compliance program during the Centre for Information Policy Leadership’s First Friday Call on August 6, 2010. On the call, Dr. Hladjk also discusses a press release issued by the German federal state of Schleswig-Holstein in light of the 10th Anniversary of Safe Harbor.

Tags: European Commission, Germany, Jörg Hladjk, Safe Harbor

German DPA Issues Legal Opinion on Cloud Computing

Posted on June 23, 2010 by Hunton & Williams LLP

On June 18, 2010, the data protection authority of the German federal state of Schleswig-Holstein published a press release and a comprehensive legal opinion on cloud computing. The opinion provides an overview of cloud computing and discusses various practical and legal matters, including:

Applicable law issues
The legal basis for cloud computing and related processor and controller issues
Problems associated with the possibility of third-party access
The minimum requirements for data processor relationships and service provider contracts under the new German data protection law
Technical and organizational security measures
The legal landscape for clouds located outside the European Union

Tags: Adequacy, Binding Corporate Rules, Cloud Computing, Data Protection Authority, European Commission, Germany, Jörg Hladjk, Safe Harbor

German DPAs Require Data Exporters to Verify Safe Harbor Compliance

Posted on June 2, 2010 by Hunton & Williams LLP

On April 29, 2010, German data protection authorities issued a resolution regarding the obligations of German data exporters with respect to U.S. data importers that have self-certified under the Safe Harbor program. By requiring additional diligence when transferring data to Safe Harbor-certified entities, the resolution may appear to raise questions with respect to the European Commission’s decision that Safe Harbor certification is sufficient to demonstrate an adequate level of privacy protection.

Tags: European Commission, Germany, Jörg Hladjk, Safe Harbor

Addition to Washington Breach Law Imposes Retailer Liability in Payment Card Breaches

Posted on March 24, 2010 by Hunton & Williams LLP

Under a Washington law effective July 1, 2010, certain entities involved in payment card transactions may be liable to financial institutions for costs associated with reissuing payment cards after security breaches. Designed to encourage the reissuance of payment cards as a means of mitigating harm caused by security breaches, Washington H.B. 1149 applies to three types of entities: businesses, processors and vendors. Under the law, a business is an entity that “processes more than six million credit card and debit card transactions annually, and who provides, offers, or sells goods or services to . . . residents of Washington.” A processor is any entity, other than a business, that “directly processes or transmits [payment card] account information for or on behalf of another person as part of a payment processing service.” A vendor is any “entity that manufactures and sells software or equipment that is designed to process, transmit, or store [payment card] account information or that maintains account information that it does not own.”

Tags: Data Processor, Payment Card, PCI DSS, Safe Harbor, Washington

2009 International Conference on Cross Border Data Flows, Data Protection and Privacy

Posted on November 12, 2009 by Hunton & Williams LLP

Every year since 2005, the United States, the European Commission and the Article 29 Working Party on Data Protection meet to review the latest developments in the U.S.-EU Safe Harbor Framework, as well as changes in privacy compliance, information security and data protection. This year’s International Conference on Cross Border Data Flows, Data Protection and Privacy occurs November 16 – 18 and features leading experts who will examine these issues and others, as well as changes made to the approval process for binding corporate rules. Join our privacy professionals, Martin Abrams and Fred Cate, who are speaking at this global event.

Tags: Article 29 Working Party, Binding Corporate Rules, Fred Cate, Marty Abrams, Safe Harbor

Massachusetts Regulator Revises Information Security Requirements (Again)

Posted on November 2, 2009 by Hunton & Williams LLP

On October 30, as reported by the Bureau of National Affairs (“BNA”), the Massachusetts Office of Consumer Affairs and Business Regulation stated that final amendments to its information security regulations had been filed with the Massachusetts Secretary of State. The Standards for the Protection of Personal Information of Residents of the Commonwealth have been the subject of much commentary and a series of amendments as regulators seek to address concerns expressed by businesses over the stringent and specific nature of the regulations. The most recent round of amendments was announced August 17, 2009.

Tags: Compliance, Consumer Protection, Massachusetts, Safe Harbor

FTC Takes Additional Safe Harbor-Related Enforcement Actions

Posted on October 6, 2009 by Hunton & Williams LLP

On October 6, 2009, the Federal Trade Commission (“FTC”) announced proposed settlement agreements with six companies over charges that they falsely claimed membership in the U.S. Department of Commerce Safe Harbor program. In six separate complaints, the FTC alleged that ExpatEdge Partners LLC, Onyx Graphics, Inc., Directors Desk LLC, Collectify LLC, and Progressive Gaitways LLC deceived consumers by representing that they maintained current certifications to the Safe Harbor program when such certifications had previously lapsed. The terms of the proposed settlement agreements prohibit the companies from misrepresenting their membership in any privacy, security or other compliance program. The six enforcement actions are significant as they mark a considerable uptick in the FTC’s enforcement related to the Safe Harbor program. The FTC recently brought its first enforcement action relevant to the program, which is detailed in our post titled FTC’s First Safe Harbor Enforcement Action.

Tags: Compliance, Department of Commerce, EU Data Protection Directive, EU Member States, Federal Trade Commission, Litigation, Safe Harbor

Privacy and Information Security Law Blog - Global privacy and information security law updates and analysis

Tag Archives: Safe Harbor

Department of Commerce Official Holds Briefing on EU Data Protection Forum

Senator Kerry’s Senior Advisor Provides Key Insight into Forthcoming Privacy Bill

Live Coverage from Jerusalem: FTC Admitted as a Member of the International Group of Data Protection Commissioners

Further Discussion on German DPAs Enforcement of the Safe Harbor Compliance

German DPAs Require Data Exporters to Verify Safe Harbor Compliance

Addition to Washington Breach Law Imposes Retailer Liability in Payment Card Breaches

2009 International Conference on Cross Border Data Flows, Data Protection and Privacy

Massachusetts Regulator Revises Information Security Requirements (Again)

FTC Takes Additional Safe Harbor-Related Enforcement Actions

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