Sára Hoffman

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Article 29 Working Party Issues Statement Following Adoption of EU-U.S. Privacy Shield

On July 26, 2016, the body of European Data Protection Authorities (DPAs)—the “Article 29 Working Party” (WP29)—issued a statement commending the improvements made to the EU-U.S. Privacy Shield (Privacy Shield). Although the WP29 continues to have some of the concerns raised in its April 2016 opinion, and the Privacy Shield will most likely face legal … Continue Reading

The EU-U.S. Privacy Shield Is Adopted and Available as of August 1, 2016

On July 12, 2016, the EU Commission and the U.S. Secretary of Commerce announced the adoption of the EU-U.S. Privacy Shield (Privacy Shield). This announcement follows today’s adequacy decision by the College of EU Commissioners which recognizes that the Privacy Shield provides an adequate level of protection under EU data protection law. The adequacy decision … Continue Reading

EU Cyber Security and Incident Notification Rules Enacted

On July 6, 2016, the European Parliament adopted the first-ever pan-European law on cyber security. The law, entitled the “Directive on the Security of Network and Information Systems” (NIS Directive), imposes security requirements and security incident notification obligations on digital service providers and operators of essential services. The NIS Directive was enacted as part of … Continue Reading

Uncertainty Increases Around EU-U.S. Data Flows

Two recent developments have significantly increased the already uncertain legal landscape surrounding transatlantic data flows. Earlier today, the EU Parliament voted out a resolution calling on the European Commission (EU Commission) to further negotiate the terms of the EU-U.S. Privacy Shield (Privacy Shield). And yesterday, the Irish Data Protection Commissioner (DPC) announced the launch of … Continue Reading

WSGR Alert: New EU Data Protection Regulation Is Now Enacted

On April 14, 2016, the European Parliament formally adopted the General Data Protection Regulation (GDPR). With this vote, the new EU data protection legal framework will become legally effective in two years and 20 days from its publication in the EU Official Journal (expected in May 2016). By May 2018, companies will have to comply … Continue Reading

WSGR Alert: Article 29 Working Party Calls for Improvements to the EU-U.S. Privacy Shield

On April 13, 2016, the body of European Data Protection Authorities (DPAs)—the “Article 29 Working Party” (WP29)—issued its opinion on the new EU-U.S. Privacy Shield. The WP29 acknowledged that progress has been made with the Privacy Shield, but called for several significant changes to the shield before it can be found to provide protection that … Continue Reading

The FCC’s Open Internet Order and the EU’s Network Neutrality Regulation: A Comparison and Key Takeaways for Players in the Telecommunications Sector

The Internet has transformed the ways that we access, consume, and use information. For years, debates have raged in both the United States and Europe over so-called “network neutrality”—the extent to which the government should require entities that provide Internet access services to treat the content that they transmit equally. In the past several months, … Continue Reading

WSGR Alert: EU Data Protection Authorities Issue Statement Following Agreement on EU-U.S. Privacy Shield

On February 3, 2016, the body of European data protection regulators—the Article 29 Working Party (WP29)—issued a statement following the announcement of a political agreement regarding a new transatlantic data transfer scheme, the EU-U.S. Privacy Shield. This is the second guidance document issued by the WP29 following the invalidation of the EU-U.S. Safe Harbor Framework … Continue Reading

WSGR Alert: EU and U.S. Reach a Political Agreement on Transatlantic Data Transfer Deal

On February 2, 2016, the European Commission announced that a political agreement on a new legal framework for data transfers has been reached between the European Union (EU) and the U.S. Today’s agreement introduces the new “EU-U.S. Privacy Shield.” Although the details of the new agreement have not yet been released, this is a crucial … Continue Reading

Landmark Decision Clarifies Territorial Scope of Application of National Data Protection Laws in the EU

On October 1, 2015, the Court of Justice of the European Union (CJEU), which is the EU’s highest court, delivered its judgment in Case C-230/14—Weltimmo.1 The CJEU ruling is a landmark decision in determining the territorial scope of application of national data protection laws and the competence of national Data Protection Authorities (DPAs) in the … Continue Reading

Technical Standards Open New Avenue to EU Data Protection Compliance

Historically, businesses have called for greater connection between the legal requirements of European data protection law and the requirements of information technology standards. The new International Organization for Standardization (ISO) standard for securely processing personal information in cloud computing environments, ISO 27018, could be a significant and major first step toward creating technical standards that … Continue Reading

Personal Data, Anonymization, and Pseudonymization in the EU

De-identification techniques are often at the forefront of companies’ concerns when it comes to the processing of big data. In addition, anonymization and pseudonymization techniques have been a heavily debated topic in the ongoing reform of EU data protection law. This makes last year’s Article 29 Working Party (WP29) Opinion on Anonymization Techniques1 even more … Continue Reading
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