World

Proposed Changes to the EU Data Directives: What Consequences for Businesses?

Francoise Gilbert

The European Commission has determined that the privacy and data protection framework applicable throughout the European Union must be revised in order to adapt the current rules to the rapid technological changes that have dramatically modified the way individuals live and companies operate. Communication COM (2010) 609, published on November 4, 2010, summarizes the goals that the European Commission has set for the overhaul of the EU data protection regime.[1]

The Commission intends to expand the duties and obligations of the data controllers, improve the awareness and understanding of privacy matters by individuals, increase the protection of individuals’ rights especially in the context of Web 3.0 applications, and ease the flow of information in the internal market as well as in the context of crossborder data transfers out of the European Union.

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Remaining in Safe Waters

Francoise Gilbert

How to Ensure Continued Compliance with The Safe Harbor Requirements

The Safe Harbor created by the US Department of Commerce and the European Commission provides a convenient way for US companies with limited global transactions to address the “adequacy” requirement under the national laws of the European Union Member States. Being self-certified under the US Department of Commerce Safe Harbor allows them to reduce the amount of red tape that usually accompanies the transfer of personal data to the United States and from a European Union Member State, and EEA Member State or Switzerland.

However, the initial self-certification filing is only one of many obligations. In order for the self-certification to remain valid, the company must re-certify each year of its compliance with the Safe Harbor Principles and pay the related fee to the Department of Commerce. When a company wishes to renew its self-certification, it must go through the same due diligence as for the initial filing, and… much more. (more…)

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