Federal Trade Commission Announces Settlements in Privacy Shield Enforcement Actions

The Federal Trade Commission sent an important message to companies participating in the EU-U.S. Privacy Shield when earlier this year, the agency announced that settlements had been finalized with five companies regarding separate allegations that they had falsely claimed certification under the framework. The EU-U.S. and Swiss-U.S. Privacy Shield frameworks make it possible for companies to transfer personal data lawfully from the EU and Switzerland, respectively, to the U.S. (In compliance with the EU – GDPR – General Data Protection Regulation). The FTC announcement can be found here. In individual actions the FTC had alleged that: DCR Workforce, Inc., Thru, Inc., LotaData, Inc., and 214 Technologies, Inc., each…

READ MORE

EU-U.S. Privacy Shield Review Report Outlines Steps To Improve Enforcement and Monitor Compliance

The Privacy Shield – a mechanism by which U.S. companies can legally transfer data to the European Union, continues to draw the attention of regulators and policymakers. On December 19, 2018, the European Commission (the Commission) announced the publication of its report on the second annual review of the EU-U.S. Privacy Shield. The report offers companies insight into what aspects of the Privacy Shield officials find most important and what steps are planned to strengthen enforcement and oversee compliance. Background The EU-U.S. Privacy Shield is a framework for transatlantic exchanges of personal data for commercial purposes between the European Union and the United States. Companies must self-certify that they meet the requirements of…

READ MORE

Article 29 Working Party Provides Important Guidance about Data Protection Impact Assessments

Data Protection Impact Assessments (DPIAs) are critical to companies’ successful compliance with the General Data Protection Regulation (GDPR), and to their efforts to establish responsible, effective data governance within their organizations. Article 35 of the GDPR requires companies to conduct a DPIA when processing is likely to raise “high risk” to individuals. On August 6, we blogged about the advice of the Belgian data protection authority on this aspect of the GDPR. But the Belgian DPA did not issue its recommendations in isolation. The Article 29 Working Party (the “Working Party”) late last year adopted Guidelines on data protection impact assessments and determining whether processing is “likely to result…

READ MORE

Belgian Privacy Commission Issues Recommendation on Data Protection Impact Assessments

An important aspect of the General Data Protection Regulation (GDPR) that may be new to companies is the requirement set forth in Articles 35 and 36 that they conduct data protection impact assessments (DPIAs) when embarking on new data processing activities. While some organizations may have experience with DPIAs, often referred to as Privacy Impact Assessments in the United States, many may be unfamiliar with how they should be carried out and what data protection authorities look for when they review them. Companies may find help in the Belgian Privacy Commission’s Recommendation on Data Protection Impact Assessments and the prior consultation requirements provided for by Articles 35 and…

READ MORE