Rumors are circulating that the Trans-Atlantic Data Privacy Framework executive order will be released as soon as October 3rd. This follows the Biden Administration's announcement of an agreement in principle this year in March. The highly anticipated order brings exciting news, and questions, about how the framework will satisfy European legal requirements. We want to … Continue reading A Reminder of Where We Are Now
A Comparison of the ADPPA and Privacy Shield
This year brought exciting developments to privacy. In March, the Biden Administration announced the Trans-Atlantic Data Privacy Framework (TADPF) to facilitate transatlantic data transfers following the invalidation of the EU-US Privacy Shield. In June, the House Committee on Energy and Commerce introduced the American Data Privacy and Protection Act (ADPPA), a promising step toward federal … Continue reading A Comparison of the ADPPA and Privacy Shield
Blocking Meta in Ireland—Will It Happen?
Written in consultation with Gabriela Zanfir-Fortuna, Senior Advisor. The Irish Data Protection Commission (DPC) has reportedly transmitted a draft order to its European Union (EU) counterparts that would block Meta from transferring any personal data to the U.S. In the meantime, the U.S. government is continuing to work on issuing the executive order and regulations described … Continue reading Blocking Meta in Ireland—Will It Happen?
Cross-Border Data Sharing – It Shouldn’t Be That Hard
In my former government career, I recall one of those transformational moments where you realize things are going to be much harder than you could ever imagine. Ridiculously hard. The moment was in the fall of 2006 and involved meetings between European Union (EU) and United States (US) Government officials on the possibility of a … Continue reading Cross-Border Data Sharing – It Shouldn’t Be That Hard
Privacy Across Borders: Where We Are and What Lies Ahead
Now that a new Trans-Atlantic Data Privacy Framework has been announced, it’s a good time to orient ourselves. This is a critical milestone, but it is not the end of the journey. First, it’s important to ask, where are we now? An “agreement in principle” has been reached, but more vital work remains to be … Continue reading Privacy Across Borders: Where We Are and What Lies Ahead
Challenging the New Privacy Shield Framework: All Paths Lead to the CJEU
By: Alex Joel, Senior Project Director and Shanzay Pervaiz, Senior Researcher, in consultation with Gabriela Zanfir-Fortuna, Senior Advisor In a previous post, Laila Abdelaziz outlined the path to an adequacy decision after the European Commission (EC) and the United States announce an agreement in principle. Almost two years after the Court of Justice of the … Continue reading Challenging the New Privacy Shield Framework: All Paths Lead to the CJEU
With last Friday’s announcement of a much-awaited cross-border data privacy framework between the EU and U.S., global data flows are once again front and center in the data privacy world. This spring, I’m fortunate to be co-teaching a seminar with Professor Alex Joel at American University Washington College of Law on Privacy Across Borders. At … Continue reading Cross-Border Agreements
Is the Schrems II ruling one of the “most significant risks” facing U.S. companies?
To understand how the Schrems II decision is affecting companies' operations, we analyzed annual 10-K reports. SEC rules require that 10-Ks provide detailed information on certain key topics, including “Risk Factors.” According to the SEC, under this topic heading a company will provide information "about the most significant risks that apply to the company or to its securities." First, we searched for 10-K … Continue reading Is the Schrems II ruling one of the “most significant risks” facing U.S. companies?
Are Inferior Officers a Superior Solution to the EU Independence Challenge?
In Redress: What is the problem?, Alex Joel and I highlighted the issues under the U.S. Constitution associated with meeting the EU’s “independence” and “binding authority” requirements for redress. The Supreme Court, in Seila Law LLC v. Consumer Financial Protection Bureau, 140 S. Ct. 2183 (2020), was confronted with determining the constitutionality of the for-cause … Continue reading Are Inferior Officers a Superior Solution to the EU Independence Challenge?
We Are, in Essence, the Same
The views expressed in this product are the author’s and do not imply endorsement by the Office of the Director of National Intelligence or any other U.S. Government agency. As we witness Russia’s invasion of Ukraine and the world’s response, I am reminded once again that what unites democracies is so much stronger than what … Continue reading We Are, in Essence, the Same