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U.S.-EU Safe Harbor Renegotiation Deadline Passes: What Now?

Client Alert | 1 min read | 02.01.16

Despite intensive last-minute talks over the weekend, U.S. and European Union (EU) negotiators have yet to reach a new agreement for the legitimization of data transfers from Europe to the United States to replace the invalidated U.S.-EU Safe Harbor Framework (Safe Harbor). On February 1, EU Commissioner Věra Jourová provided a status update at a plenary meeting of the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) in Brussels. Jourová told the Parliament committee, "I believe the close relationship between the United States and European Union deserves these special efforts. We are close but an additional effort is needed." Negotiators on both sides still hope to find an agreement this week.

In the meantime, the EU Member States' Data Protection authorities (Article 29 Working Party) will meet on February 2 to discuss how to proceed. The meeting will include discussions about investigations and possible suspensions of data transfers which continue based solely on the former Safe Harbor. The authorities will also assess other transfer mechanisms such as EU Standard Contractual Clauses and Binding Corporate Rules, which also have been criticized based on the same concerns relating to U.S. government surveillance.

We will provide additional guidance as it becomes available.

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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