Smallhoover Interviewed by Le Monde du Droit TV

March 2016

Paris Partner Joseph Smallhoover was interviewed March 24 by Le Monde du Droit TV on the Privacy Shield – the new agreement between the EU and U.S. on transatlantic data exchange. Smallhoover said the Privacy Shield is a significant improvement over the former Safe Harbour Regime and he welcomes the clarity brought by the Privacy Shield rules to the protection of private data. Click here to view the video, in French.

The Privacy Implications of Whistleblowing in the EU

Whistleblowing schemes were introduced in the EU as a result of the Sarbanes-Oxley Act (“SOX”) adopted by the US Congress in 2002 following various corporate financial scandals. SOX requires US companies and their EU-based subsidiaries to establish “procedures for the receipt, retention and treatment of complaints received by the issuer regarding accounting, internal accounting controls or auditing matters [and] the confidential, anonymous submission by employees of the issuer of concerns regarding questionable accounting of auditing matters.1”  The implementation of whistleblowing schemes will, in most cases, lead to the collection, processing and transfer of personal data (e.g., name of the accused person) which raises data privacy concerns . . .

WhistleblowingintheEU

The (ex) EU-US Safe Harbor At A Glance (2015)

On Tuesday, October 6, 2015, the European Court of Justice decided that the EU/US Safe Harbor regime for data transfers is no longer… safe.  Until now, companies exchanging data between the EU and the US could rely on the Safe Harbor regime, but with the decision that is no longer an option.  In addition companies currently relying on Safe Harbor are scrambling to find alternative compliance strategies . . . ExSafeHarbor