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EU-U.S. Personal Data Transfers Under the Privacy Shield and New European Data Protection Regulation

Event | 03.09.16, 11:00 AM EST - 12:30 PM EST

Address

Crowell & Moring
1001 Pennsylvania Avenue, N.W., Washington, D.C.

Please join Crowell & Moring for an in-person seminar that will focus on both the new EU-U.S. Privacy Shield and EU Data Protection Regulation (GDPR).

Just as the U.S. Department of Commerce (DOC) and the European Commission (Commission) were on the verge of finalizing and announcing an update of the U.S.-EU Safe Harbor Framework (Safe Harbor) in October 2015, the European Court of Justice (ECJ) ruled that Safe Harbor was not protecting the fundamental privacy rights of EU citizens and therefore not “adequate” as determined by the Commission. On February 2, 2016, after intense final negotiations, the DOC and Commission reached an agreement to replace Safe Harbor, called the “EU-U.S. Privacy Shield” (Privacy Shield).

Ted Dean, deputy assistant secretary for services with the U.S. Department of Commerce International Trade Administration, will join Crowell & Moring lawyers Robin Campbell and Christopher Hoff to discuss the Privacy Shield and provide important information for companies hoping to continue data flows through use of this program. Mr. Dean directs the International Trade Administration’s services industries offices, including the Privacy and Data Flows office that administers the U.S.-EU Safe Harbor program (now Privacy Shield); and he was the lead U.S. negotiator for the Safe Harbor renegotiation with the European Commission. In the meantime, after almost four years of negotiation, EU negotiators have reached consensus on the final text of the new EU GDPR. The GDPR will replace the EU’s now over 20-year-old Data Protection Directive (95/46/EC) and seek to harmonize privacy legislation among the 28 EU Member States.

Data Protection lawyer Frederik Van Remoortel from our Brussels office will also join us to provide an update on the status of the EU’s new General Data Protection Regulation.

Topics to be covered include: 

  • Privacy Shield Update
  • The New EU Regulation
  • Implementation Timelines
  • Next Steps for Businesses
  • Future Outlook

Registration will begin at 3:30 p.m. and after the seminar, there will be a reception at 5:30 p.m.

For more information, please visit these areas: Privacy and Cybersecurity

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.