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Data Transfer

Update: EU-US Privacy Shield

UPDATE: Since this article was drafted, Privacy Shield has been formally adopted and is now in effect. Please see this article for more information.

After four months of frantic negotiations, the U.S. and the European Union have a new deal on cross-border data transfer. The agreement, dubbed the “Privacy Shield,”replaces the Safe Harbor Framework, a bilateral agreement governing transfer of personal information that was struck down by the European Court of Justice in October of last year. News of the detente was greeted with a mixture of skepticism and relieved adulation, tempered with a dash of confusion. What do you need to know about Privacy Shield?  Read more

ECJ Strikes Down US-EU Safe Harbor for transfer of personal data

Not So Safe: The ECJ Strikes Down U.S.-EU Safe Harbor

The Safe Harbor Framework governing transfer of personal information from the European Union to the United States is no more. On October 6, 2015, the European Court of Justice (ECJ) struck down the vaunted bilateral data protection and transfer agreement, impacting over 4,700 companies that relied on the Safe Harbor for transporting and storing European data overseas. The decision, which took effect immediately and left no grace period for international organizations to make alternative arrangements, vigorously reinforces European legal protections for data privacy while leaving a broad swath of data-related commercial activity on tenuous legal ground.

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Demystifing Privacy Law: Making Sense of the U.S-EU Safe Harbor

UPDATE: Since this article was drafted, the US-EU Safe Harbor program has been shut down. There is now a new regime in place named Privacy Shield. Please see this article for more information.

Any company looking to transfer data about users from the European Union region to the United States will likely need to familiarize itself with the U.S.-EU Safe Harbor Framework. This article covers three topics: what is the U.S.-EU Safe Harbor, what are its advantages and disadvantages, and how to comply with the Safe Harbor. Read more