Charles-Albert Helleputte

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On 23 January 2019, the European Commission (the “EU Commission”) authorized the free flow of personal data to Japan. This “adequacy decision,” issued jointly with a mirroring decision by the Japanese government, allows personal data to transfer between the European Union (the “EU”) and Japan freely and under strong guarantees of protection. The outcome of lengthy negotiations resulting in Japan strengthening its privacy rules to follow EU standards, …
Continue Reading Free Flow of Personal Data Between the European Union and Japan Starts Now

A political agreement was reached between the European Parliament, the Council of the European Union (EU) and the European Commission on the EU Cybersecurity Act (Act) and announced on December 10, 2018. The pace of the adoption of the Act (with less than three months of discussions among the EU institutions) confirms that cybersecurity is high on the EU political agenda.
Continue Reading The EU Cybersecurity Act is (Almost) There

On 13 September 2018, institutions in the European Union (EU) started negotiations to reach a final agreement on the EU Cybersecurity Act (Act). When adopted, the Act will create EU cybersecurity certification schemes for ICT products (i.e., hardware and software elements of network and information systems); services (i.e., services involved in transmitting, storing, retrieving or processing information via network and information systems); and processes (i.e., …
Continue Reading The Clock Is Ticking: Negotiating an Enhanced EU Cybersecurity Framework

In its judgment of 6 October 2015 (C-362/14), the Court of Justice of the European Union (“CJEU”) held that transfers of personal data of European citizens to the United States made under the so-called Safe Harbor scheme are subject to significant risks, and declared the corresponding decision of the European Commission to be invalid. As a consequence, EU entities of U.S. companies so far relying on Safe Harbor will need to revise their practice of submitting personal data to the U.S. to comply with EU data protection law.
Continue Reading Redefining Data Protection? Court of Justice of the European Union Strikes Down the Commissions “Safe Harbor” Decision