Cross-Border Data Flow

On July 10, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the European Data Protection Board (the “EDPB”) on its draft guidelines on certification and identifying certification criteria in accordance with Articles 42 and 43 of the GDPR (the “Guidelines”). The Guidelines were adopted by the EDPB on May 25, 2018, for public consultation. Continue Reading CIPL Submits Comments to EDPB’s Draft Guidelines on Certification and Identifying Certification Criteria in Accordance with Articles 42 and 43 GDPR

On July 17, 2018, the European Union and Japan successfully concluded negotiations on a reciprocal finding of an adequate level of data protection, thereby agreeing to recognize each other’s data protection systems as “equivalent.” This will allow personal data to flow safely between the EU and Japan, without being subject to any further safeguards or authorizations.  Continue Reading EU and Japan Agree on Reciprocal Adequacy

During the week of June 25, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP hosted its annual executive retreat in San Francisco, California. The annual event consisted of a closed pre-retreat session for CIPL members, a CIPL Panel at the APPA Forum Open session followed by a CIPL reception and dinner and a special all day workshop with data protection commissioner members of the Asia Pacific Privacy Authorities (“APPA”) on Accountable AI. Continue Reading CIPL Hosts Special Executive Retreat with APPA Privacy Commissioners on Accountable AI

On July 5, 2018, the European Parliament issued a nonbinding resolution (“the Resolution”) that calls on the European Commission to suspend the EU-U.S. Privacy Shield unless U.S. authorities can “fully comply” with the framework by September 1, 2018. The Resolution states that the data transfer mechanism does not provide the adequate level of protection for personal data as required by EU data protection law. The Resolution takes particular aim at potential access to EU residents’ personal data by U.S. national security agencies and law enforcement, citing the passage of the CLOUD Act as having “serious implications for the EU, as it is far-reaching and creates a potential conflict with the EU data protection laws.” Continue Reading European Parliament Calls for Suspension of EU-U.S. Privacy Shield Unless U.S. Can “Fully Comply”

On July 2, 2018, the Federal Trade Commission announced that California company ReadyTech Corporation (“ReadyTech”) agreed to settle FTC allegations that ReadyTech misrepresented it was in the process of being certified as compliant with the EU-U.S. Privacy Shield (“Privacy Shield”) framework for lawfully transferring consumer data from the European Union to the United States. Continue Reading California Corporation Settles FTC Complaint Regarding EU-U.S. Privacy Shield Compliance Claim

On May 30, 2018, the European Data Protection Board (“EDPB”), replacing the Article 29 Working Party, published the final version of Guidelines 2/2018 on derogations in the context of international data transfers and draft Guidelines 1/2018 on certification under the EU General Data Protection Regulation (“GDPR”).  Continue Reading EDPB Published Guidelines on Certification and Derogations under the GDPR

On March 20, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP issued a factsheet outlining relevant GDPR provisions for negotiations surrounding the proposed ePrivacy Regulation (the “Factsheet”). Continue Reading CIPL Issues Factsheet on Key Issues Relating to the Relationship Between the Proposed ePrivacy Regulation and the GDPR

On March 26, 2018, the U.S. Department of Commerce posted an update on the actions it has taken between January 2017 and March 2018 to support the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (collectively, the “Privacy Shield”). The update details measures taken in support of commercial and national security issues relating to the Privacy Shield. Continue Reading U.S. Department of Commerce Posts Update of Actions to Support the Privacy Shield Frameworks

On March 26, 2018, the Centre for Information Policy Leadership at Hunton & Williams LLP and AvePoint released its second Global GDPR Readiness Report (the “Report”), detailing the results of a joint global survey launched in July 2017 concerning organizational preparedness for implementing the EU General Data Protection Regulation (“GDPR”). The Report tracks the GDPR implementation efforts of over 235 multinational organizations, and builds on the findings of the first Global GDPR Readiness Report by providing insights on key changes in readiness levels from 2016 to 2017. Continue Reading CIPL and AvePoint Release Second Global GDPR Readiness Report