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Protecting Privacy when Transferring Personal Data from the European Union

Protecting Privacy when Transferring Personal Data from the European Union. Stewart Dresner Chief Executive, Privacy Laws & Business 5th floor, Raebarn House, 100, Northolt Road, Harrow, Middlesex, HA2 0BX, United Kingdom Tel: + 44 208 423 1300 Fax: + 44 208 423 4536

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Protecting Privacy when Transferring Personal Data from the European Union

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  1. Protecting Privacy when Transferring Personal Data from the European Union Stewart Dresner Chief Executive, Privacy Laws & Business 5th floor,Raebarn House, 100, Northolt Road, Harrow, Middlesex, HA2 0BX, United Kingdom Tel: + 44 208 423 1300 Fax: + 44 208 423 4536 E-mail stewart@privacylaws.com www.privacylaws.com

  2. Contents • 1. Privacy with borders: Fundamental differences between US, Europe and Asia • 2. EU Model contracts • 3. Binding Corporate Rules • 4. European Commission review of US Safe Harbor • 5. Others countries to follow Safe Harbor model?

  3. Fundamental differences US/Europe • 1. European law/rights based privacy compared with US transaction/sectoral approach. • 2. Frustration when IT systems cannot be used as intended - often alternative legal approach after discussion • 3. Need to understand the European Union’s approach and the Member States’ differences

  4. Engage with the privacy regulators • 1. Europe-wide business associations eg. UNICE • 2. ICC (model clauses) • 3. FEDMA Code (European level) • 4. National codes • 5. Consultations on Binding Corporate Rules • 6. Meet the regulators: • - Privacy Laws & Business Cambridge Conference in the UK (July 5-7th, 2004) • - PL&B European Privacy Officers Network

  5. Work with your organization’s business objectives/corporate culture • 1. Binding corporate rules initiative encouraging • 2. Agreed because of need to make rules more workable for different types of organization and reduce reliance on a rigid legal contract model • 3. Expect differences between approaches of GM and Amazon • 4. Key to success is the ability of the CPO to make privacy policy compatible with the corporate culture

  6. EU Model Contracts • 1. What are EU model contracts? • 2. When are they useful? • 3. Advantages • 4. Disadvantages • 5. Who uses them?

  7. Binding Corporate Rules • 1. What are Binding Corporate Rules (BCRs)? • 2. Where do they come from? • 3. Essential elements of a BCR scheme • 4. National differences • 5. Next steps • 6. How useful are BCRs?

  8. Safe Harbor Scheme • 1. Established for good reason from US perspective • 2. Advantages • 3. Disadvantages • 4. Is it still worth having? • 5. Who are members? • 6. European Commission now reviewing it • 7. Which other countries want a Safe Harbor?

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