The EU-U.S. Privacy Shield Deal: Implications to Your Business
Earlier this year, the European Commission and the United States have agreed on a new framework for transatlantic data transfer – the EU-US Privacy Shield. This new alternative will replace the former “Safe Harbor” program, which was invalidated by the European Court of Justice (ECJ) in October 2015 following the landmark decision in Schrems on the grounds that US mass surveillance programs were violating fundamental European privacy rights.
While the Privacy Shield is a crucial step forward to a continuing transatlantic data transfer, many EU and U.S companies remain cautious with several uncertainties. Additionally, businesses are intrigued to see how the recent Brexit decision will impact the final approval of the Privacy Shield. Now that the United Kingdom is prepping its exit negotiations, these EU-wide data protection measures may no longer apply to them.
In this two-hour LIVE Webcast, a panel of key thought leaders and experienced privacy and data protection practitioners will offer an in-depth discussion of the EU-US Privacy Shield and its several ambiguities. The panel will also answer a number of questions on the potential impact of Brexit and will provide the audience with practical practices in ensuring legal certainty.
Key topics include:
- EU-US Privacy Shield: An Overview
- Maximillian Schrems v. Data Protection Commissioner
- Revision to Privacy Policies
- US Enforcement Mechanisms
- EU Monitoring
- Privacy Shield v. Safe Harbor
- Brexit: Potential Implications for Privacy
- Consumer Protection and Redress
- Recent Trends and Developments
Everett L. Monroe, Attorney
Hanson Bridgett LLP
- History of the Privacy Shield;
- What happened to Safe Harbor and Why
- Key points of renegotiation/concerns from EU Data Privacy Authorities for Privacy Shield
- How U.S. surveillance practices play into the current agreement.
- Major Components of the Privacy Shield
- What Privacy Shield requires companies to do
- What Privacy Shield requires U.S. regulators to do
- How the system works
- How Privacy Shield compares to the Safe Harbor
- What U.S. Companies that want to joint privacy shield need to do
- Get their privacy policies in place
- Get their alternative dispute resolution provider in place
- Get their registration in place
- Addressing vendor contracts and the grace period for existing agreements
- Privacy Shield in the Long Term
- Privacy Shield and how it interacts with the GDPR
- Privacy Shield and potential future legal challenges
James P. Melendres, Partner
Snell & Wilmer
- Nuts & Bolts: How Companies Comply
- Cooperate with Department of Commerce
- Inform individuals about data processing
- Provide alternative dispute resolution
- Maintain data integrity and purpose limitations
- Ensure third-parties comply
- Disclose enforcement actions to public
- Comply after leaving Privacy Shield
- Department of Commerce Self-Certification Guide: How Companies Self-Certify
- Confirm eligibility
- Identify independent recourse mechanism
- Ensure verification mechanism in place
- Designate internal contact
- Submit self-certification
Aaron J. Burstein, Partner
Wilkinson Barker Knauer, LLP
- Privacy Shield: What’s in it?
- Commitments by the U.S. government
- U.S. – EU oversight and enforcement framework
- How did we get here?
- Snowden disclosures – negotiation to modify Safe Harbor beginning in 2013
- Schrems decision – invalidation of Safe Harbor adequacy decision
- The role of the Federal Trade Commission (FTC) in Privacy Shield
- History of Safe Harbor enforcement
- Additional commitments under Privacy Shield
- Oversight and evaluation
- What does it take to participate in Privacy Shield?
- Must be subject to FTC or Department of Transportation enforcement authority
- Self-certification of compliance
- Annual renewal
- Privacy Shield’s future
- Legal challenges in European courts
- Review under the General Data Protection Regulation
Helena Wootton, Partner
Browne Jacobson LLP
- UK perspective – implications of the referendum result ‘Brexit’ on privacy shield
- Take up of privacy shield
Who Should Attend:
- Privacy and Security Professionals
- Chief Privacy Officers
- Chief Information Officers
- Compliance Officers
- Risk Managers
- Chief Security Officers
- Chief Risk Officers
- Top Level Management
Helena is a commercial contracts and data protection lawyer who joined Browne Jacobson from Capital One (Europe) plc in 2012. Helena has over 14 years’ of experience specialising in commercial contracts including partnerships, affinity arrangements, outsourcing, supply, distribution, agency contracts, working with clients ranging from the financial services sector, to retailers, logistics and construction. Having worked in-house at Mellon Financial Corporation, and with HBOS and HSBC, Helena gained insight into the customer facing terms, investment management agreements and other financial services arrangements.
Helena is an expert in data protection and freedom of information law and she leads our data protection team, working closely with colleagues in the insurance, retail, education and public sector to drive our cross-firm data protection practice forward. Helena regularly speaks on the subjects at national and international conferences. She is a member of the Data Protection Forum and Data Protection Finance Group.
Helena acted for education and public sector clients also, having worked for New College Nottingham, NCSL and on the competitive dialogue for the outsourcing of all of Sheffield City Council's facilities management services.
Helena is a commercial contracts and data protection lawyer who joined Browne Jacobson from Capital One (Europe) plc in 2012. …
James Melendres focuses his practice on cybersecurity incident preparation and emergency response, related regulatory compliance and civil litigation as well as white collar criminal defense and government investigations. Drawing on his extensive experience as a former federal prosecutor, James focuses his private practice on representing companies in high stakes civil litigation and advising clients on crisis and risk management.
Prior to joining Snell & Wilmer, James served in the leadership offices at the Department of Justice as Counsel to the Assistant Attorney General where he oversaw legal and policy issues regarding sensitive cyber matters. He also led some of the Justice Department's most high-profile and complex matters, including the prosecution of former Central Intelligence Agency Director David Petraeus for mishandling classified information and making false statements to the Federal Bureau of Investigation.
James Melendres focuses his practice on cybersecurity incident preparation and emergency response, related regulatory compliance and civil litigation as well …
Aaron Burstein brings deep expertise in privacy, data security, and consumer protection law to his practice at Wilkinson Barker Knauer. Prior to joining the firm, Mr. Burstein spent nearly a decade in federal government service. Most recently, he was a senior legal adviser to Commissioner Julie Brill, where Mr. Burstein provided legal and policy advice on U.S. and international privacy and data protection issues, rulemakings, and enforcement actions involving nearly every area of the FTC's consumer protection authority.
Prior to joining the FTC, Mr. Burstein was a policy adviser at NTIA, where he was the principal drafter of the Department of Commerce’s consumer privacy “green paper” and the White House’s Consumer Privacy Bill of Rights report. He also served as Director for Privacy and Civil Liberties in the National Security Council's Cybersecurity Directorate. Mr. Burstein earned his J.D. from the University of California, Berkeley School of Law and School of Information.
Aaron Burstein brings deep expertise in privacy, data security, and consumer protection law to his practice at Wilkinson Barker Knauer. …
Everett Monroe is an attorney at Hanson Bridgett LLP. His litigation practice focuses on data privacy and intellectual property disputes and counseling, two areas in which his technical background as an electrical engineer join with his legal experience to serve clients in a range of complex matters. Everett is a frequent author and blogger on data privacy legal issues. He is also a Certified Information Privacy Professional/U.S. Government (CIPP/G) and a Certified Information Privacy Professional/Europe (CIPP/E).
Everett Monroe is an attorney at Hanson Bridgett LLP. His litigation practice focuses on data privacy and intellectual property disputes …
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About Browne Jacobson LLP
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About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 400 attorneys practicing in nine locations throughout the western United States and in Mexico, including Tucson and Phoenix, Arizona; Los Angeles and Orange County, California; Denver, Colorado; Las Vegas and Reno, Nevada; Salt Lake City, Utah; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs.
About Wilkinson Barker Knauer, LLP
Wilkinson Barker Knauer, LLP is one of the nation’s largest communications and technology law firms. The firm is ranked as a top-tier communications law firm by Chambers USA, Legal 500, and U.S. News and World Report – Best Lawyers. Firm practice areas include privacy, wireless and wireline communications, broadcast, cable and other media, broadband and IP-based services, tower siting and infrastructure, international and satellite communications, and energy regulation.
About Hanson Bridgett LLP
Founded in 1958, Hanson Bridgett has more than 150 attorneys located in offices in San Francisco, the North Bay, Sacramento and the East Bay. Our clients range from multinational Fortune 500 corporations to individuals, and also include a number of public agencies in California.