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The European Commission set to take the next step towards cyber regulation
The Cybersecurity Act (the “Act”) will come into effect in Europe on 27 June 2019. The threat of cybercrime and the risks relating to cybersecurity are undoubtedly on the rise. One of the key drivers behind the Act was said to be to help individuals build trust in the devices they use every day, with the idea being that cybersecurity becomes simply another factor consumers take into account when choosing their device - alongside the usual considerations such as price, durability and appearance. This mirrors one of the key drivers behind the GDPR: individuals being given more control over how their personal data is processed.
FTC Zeroes in on False Claims of Certified Participation in Cross-Border Privacy Frameworks
The Federal Trade Commission (“FTC”) announced last week that it has issued a warning letter to more than a dozen unnamed companies for misrepresenting—on their websites, privacy policies, and other public statements—that they are certified participants in the U.S.-EU Safe Harbor and the U.S.-Swiss Safe Harbor agreements.
Five Ways that Privacy Shield is Different from Safe Harbor and Five Simple Steps Companies Can Take to Prepare for Certification
On July 8, 2016, the EU Member States approved the EU-U.S. Privacy Shield, and the European Commission subsequently adopted it on July 12, 2016. With the U.S. Department of Commerce accepting certifications starting August 1, 2016, Privacy Shield will replace Safe Harbor as a compliance mechanism for personal data transfers from Europe to the United States (or a key component of a global data transfer strategy).
No Safe Harbor In Germany—First Fines Imposed For Relying On Safe Harbor For Data Transfers
The Safe Harbor provision has finally set sail. On Monday, the Hamburg Data Protection Authority (“Hamburg DPA”) announced that it has fined three companies an aggregate total of €28,000 ($31,928) for continuing to operate under the U.S.-E.U. Safe Harbor Framework. This is the first enforcement action by any European country since the European Court of Justice (“CJEU”) invalidated the Safe Harbor last October.
Top 10 Trends Executives and General Counsel Should Follow
Companies around the globe increasingly are collecting ever-greater volumes of sensitive personal information from their customers for business and competitive purposes. If improperly stored, used, stolen, or shared, this information can have devastating reputational and financial consequences. This makes privacy, cybersecurity, and data management critical issues for senior management, board members, and general counsel to understand in order to effectively manage risk.
EU-U.S. Safe Harbor Update: U.S. Chamber of Commerce & BusinessEurope Issue Letter Urging Leaders to Reach New Agreement
In a letter last week, the U.S. Chamber of Commerce and BusinessEurope, an advocate for enterprises in 34 European countries whose national business federations are its direct members, called on senior leaders “to expeditiously reach agreement on a strengthened Safe Harbor framework.”
EU-U.S. Safe Harbor Update: Agreement in Principle on Aspects of a New Framework
In a speech earlier this week, European Justice Commissioner Vera Jourová announced that there was agreement “in principle” between the European Union (“EU”) and United States regarding components of a new safe harbor framework for transatlantic data flows.
5 Things Companies Should Consider in Reaction to the EU Decision on Safe Harbor
Yesterday, in a landmark opinion, the European Court of Justice overturned the European Commission's 15-year old decision that the privacy principles of the U.S.-EU Safe Harbor Accord provide an adequate level of protection of the personal data of EU citizens.
Demise of the EU-US Safe Harbor: 10 Steps To Consider Moving Forward
The European Court of Justice has found the US-EU Safe Harbor to be inadequate. What are companies looking to transfer data from the European Union to the United States supposed to do?