The Trans-Atlantic Battle Over Data Protection and Privacy: What You Need to Know in 2016
In October, the European Court of Justice rejected the Safe Harbor privacy agreement between the European Union (EU) and America. One concern of European clients of American firms was whether data transmissions would become illegal and require that they use European data centers. This was a legitimate concern in the increasingly volatile dispute over privacy and data protection.
The EU right views personal data as a human right while America considers it as consumer protection. US spying led the European Commission (EC) to negotiate stronger terms. Following the privacy case of Shrems vs. Facebook in Ireland, the court struck down the safe harbor agreement.
This means that firms rewording their safe harbor agreement and privacy policies or alternative 'model' contracts developed by the EC for cloud computing services may have to reassess their legal standing.
Some experts suggest that data will have to be encrypted to ensure that US agencies, such as the National Security Agency, cannot access it. As such, it is possible that the 20 year old data protection directive may be updated to cover US websites among other sources of data. Extralegal technical measures and contractual agreements might minimize privacy conflicts for e-commerce transactions, but an international treaty probably is the only long-term solution.
American firms collecting personal data from Europeans, among them are credit card companies and cloud computing service providers, are now thinking of building or expanding data centers in Europe.
Corporations involved in the transmission of personal data across the Atlantic need to be aware of the potential changes and risks they may face including, the legal and financial, if they must comply with much more stringent EU personal data privacy laws.
In this two hour, LIVE Webcast, a seasoned panel of thought leaders and professionals assembled by The Knowledge Group will review and discuss the Trans-Atlantic Battle Over Data Protection and Privacy. The panel of speakers will review the potential legal, financial, and logistical consequences of potential changes in EU laws and suggest best practices for compliance in the EU and America, cost control, and data encryption.
Key topics include:
- Privacy and Data Protection: EU vs. America
- European Court of Justice Viewpoint
- Data Encryption Demands
- Legal Risks for US Companies
- Financial Risks for US Companies
- Compliance and Litigation Risks
- Best Practices
Daniel Alvarez, Partner
Willkie Farr & Gallagher LLP
- Living With Uncertainty -- Model Clauses, Binding Corporate Rules, and Other Mechanisms
- Transitioning to Privacy Shield -- Seven Principles
- Reporting and Compliance Requirements Under Privacy Shield
- Enforcement and Dispute Resolution Under Privacy Shield
- Between Now and Privacy Shield – What to Watch For
Dr. Dennis Voigt, Attorney
- General concept on the admissibility of data transfers from the EU to the US
- How can data transfers from the EU to the US be organized after ECJ’s sentence regarding Schrems?
- What has happened since October 2015 and what is to be expected in 2016?
Who Should Attend:
- Data and Privacy Lawyers
- Multinational Corporate CEOs
- Risk Management Officers
- Data and Privacy Officers
- Other Interested Parties
Daniel K. Alvarez is a partner in Willkie’s Communications, Media & Privacy Washington Department in Washington. Mr. Alvarez’s practice focuses on counseling a Communications, Media & Privacy broad range of clients in diverse industries on privacy and cybersecurity issues, as well as broadband and other regulatory matters.
Mr. Alvarez is a former legal advisor to Federal Communications Commission Chairman Tom Wheeler. As one of Chairman Wheeler’s chief advisors, Mr. Alvarez oversaw and advised on the development of policy on some of the highest-profile issues before the FCC, including broadband competition and deployment, privacy, cybersecurity, and public safety.
Prior to joining the FCC, Mr. Alvarez practiced in Willkie’s Washington office, advising domestic and international clients in the technology, communications and media industries on a range of issues before state and federal regulatory authorities, including the FCC, Federal Trade Commission, Department of Justice and Department of the Treasury.
Daniel K. Alvarez is a partner in Willkie’s Communications, Media & Privacy Washington Department in Washington. Mr. Alvarez’s practice focuses …
Dennis has been advising German and foreign clients in distribution, IT-/IP, insurance and data protection matters for more than a decade in the Frankfurt office of Melchers, Germany . His data protection practice focuses on the design and use of large data bases, particularly for advertisement purposes, on a national as well as transnational level. He regularly advises as well on the management and use of HR-data files, including internal investigations, outsourcing and shared service-projects. Dennis publishes and lectures regularly in data protection and advertisement matters. Recent publications include a paper on the use of personal data for advertisement purposes as perceived by German administrative courts as well as an in depth analysis of sponsoring contracts, recent lectures were particularly concerned with the transfer of personal data from the EU to the USA.
Dennis has been advising German and foreign clients in distribution, IT-/IP, insurance and data protection matters for more than a …
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About Willkie Farr & Gallagher LLP
Willkie Farr & Gallagher LLP is an elite international law firm of approximately 650 lawyers located in nine offices in six countries. For more than 125 years, we have represented companies worldwide across a wide spectrum of businesses and industries, most notably financial services. The firm comprises attorneys who are recognized as some of the world’s foremost practitioners in their respective areas of concentration. Our Communications, Media & Privacy Department, headquartered in our Washington office and extending to our New York and European offices, is one of the most experienced in the industry. We provide a full range of services and experience in data privacy and data security law, both domestically and internationally.
Melchers is a medium sized German law firm with 40+ lawyers working in offices in Berlin, Frankfurt am Main and Heidelberg. Apart from the legal services related to corporate, employment and distribution/sales and its work for a German premier league soccer club, Melchers has an industry focus on the construction-, gambling-, insurance-, retail- and Software/IT-industry. Melchers is the German member of the “International Alliance of Law Firms” and “Transatlantic Law,” which is the reason why the lawyers at Melchers are used to handling international/transnational projects, both for domestic as well as foreign clients.