The General Data Protection Regulation is coming, and along with it, a significant expectation of increased harmonization in the privacy rules across the EU. Considering the 60-plus articles which directly impose obligations on controllers and processors, this isn’t an unreasonable sentiment. However (as is often the case with the EU), reality is a bit more

Sedona-Conference-Header


When:           Monday, April 24, 2017
Where:          Offices of Seyfarth Shaw LLP, Chicago, IL
Sign in:          5:00 – 5:30 pm
Event:            5:30 – 6:30 pm
Reception:    6:30 – 7:30 pm

Topic: Interactive Dialogue concerning The Sedona Conference® International Litigation Principles (Transitional Edition): Practical Help for Companies with the EU General Data Protection Regulation and Privacy Shield

shutterstock_172034426Cross-posted from Carpe Datum Law.

Beginning on April 12, 2017, U.S. organizations that are subject to the investigatory and enforcement powers of the FTC or the Department of Transportation will be able to self-certify to the newly adopted Swiss–U.S. Privacy Shield Framework (“Swiss Privacy Shield”). The Swiss Privacy Shield will allow transfers of Swiss personal data to the United States in compliance with Swiss data protection requirements. The Swiss Privacy Shield will replace the U.S.–Swiss Safe Harbor Framework and will impose similar data protection requirements established last summer for cross-border transfers of personal data from the EU under the EU–U.S. Privacy Shield (“Privacy Shield”).

With the adoption of the Swiss Privacy Shield, transfers of personal data from Switzerland under the Swiss Safe Harbor Framework will no longer be permitted. Organizations currently registered with the Swiss Safe Harbor would need to certify under the Swiss Privacy Shield or implement alternative methods for complying with Swiss data transfer restrictions, such as Standard Contractual Clauses and Binding Corporate Rules. To join the Swiss Safe Harbor, organizations would need to ensure that their privacy policies, notices, statements, and procedures are in compliance with the new framework. The Department of Commerce provides sample language that can be used in an organization’s privacy policy to signify its participation in the Swiss Privacy Shield.

Organizations with active Privacy Shield certifications will be able to add the Swiss Privacy Shield registration to their existing Privacy Shield accounts, at a separate annual fee. Similarly to the Privacy Shield, the fee for participation in the Swiss Privacy Shield will be tiered based on the organization’s annual revenue. The exact fee structure will be made available sometime before April 12.

Notably, organizations with dual registrations, would need to recertify under both the Privacy Shield and the Swiss Privacy Shield one year from the date the first of their two certifications was finalized. That means, for instance, that an organization that registered for the Privacy Shield on September 1, 2016, which then registers for the Swiss Privacy Shield on May 1, 2017, would need to complete its annual recertification under both frameworks by September 1, 2017.

While the requirements of the two frameworks are nearly identical, there are a few differences:
Continue Reading The Swiss Privacy Shield Opens for Business on April 12

shutterstock_519689296Seyfarth Shaw is pleased to announce the launch of Carpe Datum Law, a one-stop resource for legal professionals seeking to stay abreast of fast-paced developments in eDiscovery and information governance, including data privacy, data security, and records and information management. Seyfarth’s eDiscovery and Information Governance (eDIG) practice group created Carpe Datum Law to serve

itechlaw_logoSeyfarth Shaw LLP is pleased to be a Global Sponsor at ITechLaw’s 2016 European Conference in Madrid on November 9-11.

ITechLaw is a not-for-profit organization established to inform and educate lawyers about the unique legal issues arising from the evolution, production, marketing, acquisition and use of information and communications technology.

The conference will feature a

shutterstock_189182636 (1)As the companies doing business in Europe are trying to get their arms around the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), but so far not making substantial headway, the European Data Protection Authorities (DPAs) are doing their own GDPR preparation by securing increased budgets and additional workforce.

Last week, the Irish Data Protection Commissioner (DPC), Helen Dixon, has “welcomed” the additional funding of €2.8 million for her office’s 2017 budget, as announced by the Government, bringing the total funding allocation to the DPC to over €7.5 million. The 2017 budget increases are in line with the increases in 2015 and 2016, representing a 59% increase on the 2016 allocation and over four times the €1.9 million provided to the DPC in 2014.

Commenting on the 2017 funding allocation, Helen Dixon stated:

“The additional funding being provided by Government in 2017 will be critical to our preparations for the implementation of the EU General Data Protection Regulation in May 2018. In 2017 we will continue to invest heavily in building our capacity and expertise, including the recruitment of specialist staff, to administer our new enforcement powers and all of our additional responsibilities under the new law.

Continue Reading Irish Data Protection Commissioner Welcomes Increases in Budget in Preparation for the GDPR Enforcement

shutterstock_291401912On May 25, 2018, the EU General Data Protection Regulation (GDPR) will come into effect requiring companies that process personally identifiable information of EU residents to comply with a significant number of enhanced data-protection requirements. One of these requirements is an individual’s “right to explanation” of an algorithmic decision made about him or her by

The clock is now ticking. On May 4th the European Parliament published the final text of the General Data Protection Regulation (“GDPR”), and the rules of the game have significantly changed – at least in the context of EU data protection law. First, the GDPR changes the underlying approach to data protection law, with a new emphasis placed on accountability and risk-based approaches. “Privacy by Design” and “Privacy by Default” have been included in the regulatory ecosystem. Second, significant changes have been made to the obligations of “controllers” and “processors”. These include specific criteria for having compliant privacy notices and vendor management contracts. Third, enforcement is now a very real, and potentially risky, thing. With the possibility of administrative fines being up to 4% of a business’ global gross revenue, private rights of action by individuals, and non-profit privacy watchdog groups (also known as “Civil Society”) having the right to complain of a company’s privacy practices directly to the local Data Protection Authorities; compliance with the GDPR will now be one of those risks that any business who touches EU data will need to seriously consider. Fortunately, the GDPR won’t go into effect until May 25th 2018. However, businesses with significant data from the EU need to start considering how to comply now.
Continue Reading Europe Is Shifting, And It’s a Big Deal – The New GDPR

It is the beginning of 2016, and American companies are anxiously awaiting news of whether or not a new “Safe Harbor 2.0” will emerge. In October of 2015, the European Court of Justice declared invalid Safe Harbor 1.0 in the Schrems decision. This had an immediate effect on any American company collecting personal data from the EU by removing the legal basis for this kind of data transfer. As of October 2015, consumer, client, and even employee data cannot be legally transferred to the US under the Safe Harbor Framework.

Fortunately, the data protection regulators (“DPAs”)recognized the turmoil this decision created within the business community on both sides of the Atlantic. As a result, the Article 29 Working Party (which is the convention of DPAs from each of the EU Member States) issued an enforcement moratorium on enforcement actions until the end of January 2016, so that they could assess the effectiveness of data transfer tools available. As part of this moratorium, the Working Party called on “…Member States and European institutions to open discussions with U.S. authorities in order to find legal and technical solutions”; and that the “current negotiations around a new Safe Harbor could be part of the solution.”
Continue Reading Safe Harbor 2.0 – Is It Happening?