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More Details Emerge on EU-U.S. Privacy Shield

By Blaine C. Kimrey, Lisa M. Simonetti & Bryan K. Clark on March 7, 2016
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Last week, the European Commission unveiled the latest documentation related to the EU-U.S. Privacy Shield intended to restore trust in transatlantic data transfer and establish a mechanism for U.S. companies to once again transfer data from the EU with confidence. We wrote last month about the initial announcement of the Privacy Shield but expressed caution about whether the European Union and the United States would be able to iron out the details of the complicated agreement before the February 29, 2016 deadline set by the Article 29 Working Party (“WP29”).  But it appears that the two sides were able to make significant progress in the month of February, and the European Commission released more than 120 pages of documentation setting forth the new Privacy Shield requirements.

There are many details in the documentation released last week, but following are the key points:

  • Participating organizations will be required to follow rules related to consent, relevance, proportionality, access and correction.
  • Arbitration will be available for disputes.
  • Participating organizations will be required to provide additional information to data subjects at the point of consent.
  • Participating organizations must implement stronger controls on data transfers to third-party data processors and controllers.
  • Participating organizations must commit to address EU member complaints “expeditiously” through the FTC.
  • The FTC will verify self-certification.

It remains to be seen whether this will be enough to satisfy key stakeholders in the EU.  WP39 has announced that it will provide its opinion on the level of protection afforded by the Privacy Shield on April 13, 2016.  We will continue to monitor these developments and keep you apprised.

Photo of Blaine C. Kimrey Blaine C. Kimrey
Read more about Blaine C. KimreyEmailBlaine C.'s Twitter Profile
Photo of Lisa M. Simonetti Lisa M. Simonetti

Lisa M. Simonetti is a Shareholder at Vedder Price and a member of the Litigation group. Ms. Simonetti focuses on the defense of complex litigation, including class actions, mass actions and regulatory investigations and enforcement actions. Ms. Simonetti represents a wide array of…

Lisa M. Simonetti is a Shareholder at Vedder Price and a member of the Litigation group. Ms. Simonetti focuses on the defense of complex litigation, including class actions, mass actions and regulatory investigations and enforcement actions. Ms. Simonetti represents a wide array of financial services companies, including credit card issuers, mortgage lenders, e-commerce companies, automotive finance companies, national banks, student lenders and savings and loan associations.

Read more about Lisa M. SimonettiEmail
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Photo of Bryan K. Clark Bryan K. Clark

Bryan Clark is a Shareholder at Vedder Price and a member of the Litigation group in the firm’s Chicago office.

Read more about Bryan K. ClarkEmailBryan K.'s Twitter Profile
  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Media & Privacy Risk Report
  • Organization:
    Vedder Price PC
  • Article: View Original Source

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