Cross-border data transfers

Brexit and Data Protection Legislation – back to the drawing board?

Charlotte Mullarkey

We are at a very interesting time for data protection legislation in the EU with the recent adoption of the new GDPR. Many are asking whether the GDPR will in fact apply in the UK following the referendum result on 23 June. In the short term, data protection legislation in the UK remains the same Read More

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European Parliament voices concerns on the EU-US Privacy Shield

Peter van Dyck

On 26 May 2016, the European Parliament adopted a resolution on the EU-US Privacy Shield. The European Parliament starts by stressing the importance of the economic relationship between the EU and the US, citing a total transatlantic trade in 2014 valued at USD 1,09 trillion. As such, the European Parliament underlines that having a streamlined Read More

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Are Model Clauses Now in Jeopardy?

David Smith

Max Schrems is busy again. As many predicted, this time he is going after Facebook’s use of model clauses. He argues that the reasoning for the invalidation of Safe Harbor applies equally to transfers to the US by way of model clauses because the data is subject to the same mass indiscriminate access by the Read More

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EU-US Privacy Shield: Trouble Ahead?

Peter van Dyck

On 29 February, the European Commission published the draft texts that constitute the EU-US Privacy Shield. The Article 29 Working Party quickly followed this up with a press release, welcoming the publication of the EU-US Privacy Shield, but stating (somewhat ominously) that the draft texts “have to be analysed with great attention as regards the Read More

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Brexit – the potential impact on data protection legislation

Charlotte Mullarkey

We are at an interesting time for data protection legislation in the UK. The existing EU Data Protection Directive, implemented in national law by each Member State, will almost certainly be replaced in 2018 by a new, recently agreed General Data Protection Regulation (the GDPR), which will be directly applicable. This contains some fairly onerous Read More

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A leap forward for the EU-US Privacy Shield

Nigel Parker

Taking advantage of our extra day this month, the European Commission has today issued a press release summarising the steps taken to restore trust in transatlantic data flows following the 2013 surveillance revelations and the 2015 judgment of the CJEU in the Schrems case. The press release is accompanied by a draft “adequacy decision” as Read More

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