Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Practical Approaches to the EU-US Privacy Shield

BY Dan Panitz
January 01, 2017

On July 12, 2016, following the Maximillian Schrems v Data Protection Commissioner decision, ECLI:EU:C:2015:650, CJEU 6 Oct. 2015, Case C-362/14, the EU Commission adopted the EU-US Privacy Shield Framework as replacement for the Safe Harbor Program providing: “Member States shall provide that the transfer to a third country of personal data (by an entity) … may take place only if … the third country in question ensures an adequate level of data protection.” See, http://bit.ly/2hkcrrV.

Privacy Shield framework prohibits personal data (defined as: “any data that could potentially identify a specific individual”) transfers outside the European Economic Area (EEA) unless a European Commission (EC) adequacy decision or an exception applies. An “adequacy decision” is a decision adopted by the EC which establishes that a third country ensures an adequate level of protection of personal data by reason of its domestic law or the international commitments to which it has entered.

Under the framework, Privacy Shield creates a specific set of seven privacy principals with which U.S. organizations must comply when receiving personal data, including Notice; Data Integrity and Purpose Limitation; Choice; Security; Access; Recourse, Enforcement and Liability; and Accountability for Onward Transfer. See, http://bit.ly/2ikV1LP.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.