Last month, the European Union and U.S. officials announced final approval of the EU-U.S. Privacy Shield (Privacy Shield), replacing the Safe Harbor which was invalidated by the Court of Justice of the European Union in October 2015.  Like it predecessor, the Privacy Shield will allow organizations based in the United States to self-certify compliance with the Privacy Shield’s requirements permitting personal data of EU subjects to be transferred to the U.S., but with an enhanced enforcement regime, among other things.

In conjunction with our International Employment Practice Group, we have prepared a comprehensive EU-U.S. Privacy Shield Q&A.  Our EU-U.S. Privacy Shield Q&A will provide you with key features about the Privacy Shield to assist you in determining if this is the proper mechanism to use when transferring data outside of the EU to the U.S., as well as information to help you comply with the Privacy Shield’s requirements.

 

 

 

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Photo of Jason C. Gavejian Jason C. Gavejian

Jason C. Gavejian is the office managing principal of the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and a member of the firm’s Board of Directors. He is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jason C. Gavejian is the office managing principal of the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and a member of the firm’s Board of Directors. He is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

As a Certified Information Privacy Professional (CIPP/US), Jason focuses on the matrix of laws governing privacy, security, and management of data. Jason is co-editor of, and a regular contributor to, the firm’s Privacy blog.

Jason’s work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Jason helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Jason assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.

Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joe has had the honor of being a part of the AmLaw 100, nationwide law firm, Jackson Lewis, which has 60+ offices around the country, for nearly 25 years. After practicing in the northeast for most of his career, Joe is resident in…

Joe has had the honor of being a part of the AmLaw 100, nationwide law firm, Jackson Lewis, which has 60+ offices around the country, for nearly 25 years. After practicing in the northeast for most of his career, Joe is resident in the firm’s growing Tampa office.

In 2005, as an associate, Joe founded and currently co-leads the firm’s national privacy, cybersecurity, and AI practice groups, which touts 25+ attorneys navigating complex and emerging challenges, particularly around the collection, use, disclosure, and retention of personal information, the deployment of artificial intelligence, and overall governance, risk and compliance in these areas, including FTCA, HIPAA, NIST, CCPA, CPRA, BIPA, GIPA, NY SHIELD, CIPA, etc. Joe has handled hundreds of data breaches, stood up cybersecurity compliance programs, and established AI governance programs.

Photo of Damon W. Silver Damon W. Silver

Damon W. Silver is a principal in the New York City, New York, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, AI & Cybersecurity practice group. He is a Certified Information Privacy Professional (CIPP/US).

Damon helps clients across various industries—with…

Damon W. Silver is a principal in the New York City, New York, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, AI & Cybersecurity practice group. He is a Certified Information Privacy Professional (CIPP/US).

Damon helps clients across various industries—with a focus on financial services, healthcare, and education—handle their data safely. He works with them to pragmatically navigate the challenges they face from cyberattacks, technological developments including AI, a fast-evolving data privacy and security legal compliance landscape, and an active and innovative plaintiffs’ bar.

Damon recognizes that needs vary from one client to the next. Large, mature organizations, for instance, may need assistance managing multi-jurisdictional and multi-faceted compliance obligations. Others may be in a stage of development where their greatest need is to triage what must be done now and what can more safely be left for later. Damon takes the time to understand each client’s circumstances and priorities and then works with it to develop tailored approaches to effectively managing risk without unnecessarily hindering business operations.