On April 14, 2016, after four years of drafting and negotiations, the long awaited EU General Data Protection Regulation (“GDPR”) has been adopted at the EU level. Following the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs’ vote earlier this week and the EU Parliament in plenary session, the GDPR is now officially EU law and will directly apply in all EU countries, replacing EU and national data protection legislation. Continue Reading EU General Data Protection Regulation Finally Adopted
On April 13, 2016, the Article 29 Working Party (the “Working Party”) published its Opinion on the EU-U.S. Privacy Shield (the “Privacy Shield”) draft adequacy decision. The Privacy Shield was created to replace the previous Safe Harbor framework invalidated by the Court of Justice of the European Union (“CJEU”) in the Schrems decision. The Working Party also published a Working Document on the justification for interferences with the fundamental rights to privacy and data protection through surveillance measures when transferring personal data (European Essential Guarantees).
After much debate, the final version of the EU General Data Protection Regulation (“GDPR”) is expected to be adopted by the European Parliament this week and to take effect in early 2018. The GDPR will significantly change EU data protection law in several areas, affecting all businesses in the energy, financial, health care, real estate, manufacturing, retail, technology and transportation industries, among others. To assist in-house lawyers and privacy professionals with understanding the new GDPR and planning ahead for implementation, Hunton & Williams’ Privacy and Cybersecurity practice lawyers have released The EU General Data Protection Regulation, a Guide for In-House Lawyers covering these strategic areas: Continue Reading Hunton Releases 2016 EU General Data Protection Regulation Guide for In-House Lawyers
On February 11, 2016, the Article 29 Working Party (the “Working Party”) issued a statement on the 2016 action plan for the implementation of the EU General Data Protection Regulation (the “Regulation”). The action plan outlines the priorities for the Working Party in light of the transition to a new legal framework in Europe and the introduction of the European Data Protection Board (the “EDPB”). Accompanying the statement is a document, Work Program 2016-2018, detailing the tasks of the Working Party’s subgroups during the transitional period between the adoption of the Regulation and its implementation. Continue Reading Article 29 Working Party Issues Statement on 2016 Action Plan for Regulation
On February 3, 2016, the Article 29 Working Party (the “Working Party”) issued a statement on the consequences of the ruling of the Court of Justice of the European Union (the “CJEU”) in the Schrems case invalidating the European Commission’s Safe Harbor Decision.
On January 28, 2016, the Centre for Information Policy Leadership (“CIPL”) held a special roundtable at Hunton & Williams’ Brussels office to examine the “essential equivalence” requirement for protection of data transfers to non-EU countries set by the Court of Justice of the European Union’s (“CJEU’s”) Schrems decision. The roundtable brought together leading lawyers, corporate privacy officers, legal experts, regulators and policymakers to discuss the critical issues and impact of the new “essential equivalence” requirement for global data transfers set by the CJEU, and its relevance to the current EU-U.S. negotiations of a new Safe Harbor agreement.
On February 22, 2016, the Centre for Information Policy Leadership (“CIPL”), together with TRUSTe, the Information Accountability Foundation and Information Integrity Solutions, will co-host a workshop on Building a Dependable Framework for Privacy, Innovation and Cross-Border Data Flows in the Asia-Pacific Region in Lima, Peru. The workshop will be held in the margins of the upcoming meetings of the APEC Electronic Commerce Steering Group and its Data Privacy Subgroup in Lima from February 23-27, 2016.
On December 17, 2015, after three years of drafting and negotiations, the European Parliament and Council of the European Union reached an informal agreement on the final draft of the EU General Data Protection Regulation (the “Regulation”), which is backed by the Committee on Civil Liberties, Justice and Home Affairs.
On November 19, 2015, the French Data Protection Authority (“CNIL”) published guidance, including a set of frequently asked questions, to assist companies that are transferring personal data to the U.S. pursuant to the Safe Harbor framework.
On November 6, 2015, the European Commission published a communication and a Q&A document addressed to the European Parliament and European Council on the transfer of personal data from the EU to the U.S. under EU Data Protection Directive 95/46/EC (the “Directive”), following the decision by the Court of Justice of the European Union invalidating the European Commission’s Safe Harbor Decision.