Tag Archives: safe harbour

Italy and binding corporate rules (BCR)

The European Commission website, in the Article 29 working party page, reports the list of the enterprises that completed the approval process of the BCR  according to article 47. The list doesn’t show a reference date and this is certainly remarkable but the most relevant thing is that among the 80+ companies reported in the… Read More: Italy and binding corporate rules (BCR) »

The new EU-US privacy shield

The Commission adopted on 12 July 2016 its decision on the EU-U.S. Privacy Shield. The decision follows the decision of  the Court of Justice of the European Union that, on 6 October 2015, had declared the Commission’s 2000 Decision on EU-US Safe Harbour invalid. The article 29 Data Protection working party adopted an opinion about… Read More: The new EU-US privacy shield »

GRDP and Brexit

When the Brexit referendum will be put in concrete actions, Great Britain will be subjected to the Chapter V of the Regulation, which defines the rules for data transfer outside UE. According to point 1 of Article 45 “A transfer of personal data to a third country or an international organisation may take place where… Read More: GRDP and Brexit »

Practical alternatives to Safe Harbor

The European Commission issued a guide for transferring data outside of the EU after Schrems’s sentence: http://europa.eu/rapid/press-release_MEMO-15-6014_en.htm. We now have two ways: using contractual clauses or binding corporate rules (BCR). These two methods are applicable to all transfers to Countries for which there is not an authorization by the European Commission or a local privacy… Read More: Practical alternatives to Safe Harbor »

Significant Declarations of the article 29 working party about The Privacy Shield

The negotiations between the EU and the United States seems replacing the Safe-Harbour to the new “EU-USA. Privacy Shield” . This new framework was recently discussed by WP29. In summary, there is no published evidence that the Privacy Shield actually provides an adequate level of protection; much work needs to be done by the Commission… Read More: Significant Declarations of the article 29 working party about The… »

Goodbye Safe Harbour, hello Privacy Shield

Safe Harbor, declared invalid last October by ECJ, will be soon replaced by the EU-US Privacy Shield. “For the first time ever, the United States has given the EU binding assurances that the access of public authorities for national security purposes will be subject to clear limitations, safeguards and oversight mechanisms” states Commissioner Věra Jourová into press release. .@EU_Commission… Read More: Goodbye Safe Harbour, hello Privacy Shield »

Bill’s Approval Marks Progress Toward Safe Harbor Alternative

The US House of Representatives has passed the Judicial Redress Act, which would give foreigners data protection equal to that of US citizens. The bill’s passage is a step toward enacting data protection for foreigners that could help the chances of the EU approving a replacement for the Safe Harbor agreement. The European Court of… Read More: Bill’s Approval Marks Progress Toward Safe Harbor Alternative »

GDPR, safe harbour and terrorism.

Cyber intelligence is probably one of the important weapons against terrorism. GDPR is a barrier against the freedom of intrusion of a wide variety of powers in the personal life of common people. These two statements are strictly connected: that’s why one of the most heard statements in these dark days is “less privacy for… Read More: GDPR, safe harbour and terrorism. »

Safe Harbour is invalid – What’s the impact of the recent decision by the European Court of Justice

On 6 October the European Court of Justice (CJEU) adopted a fundamental decision on transfer of personal data between the EU and the USA. In case C-362/14 Maximillian Schrems vs. Data Protection Commissioner the CJEU ruled that the Commission decision 2000/520, which states that the USA under the procedure known as “safe harbor” ensure adequate… Read More: Safe Harbour is invalid – What’s the impact of the… »