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Privacy Shield for U.S. Data Transfers: Back to the Drawing Board

The European Commission may need to revise the draft proposal to meet the concerns expressed by the Article 29 Working Party. On 29 February 2016, the European Commission published a …

EU/U.S. Data Flows: New Privacy Shield List

U.S. Data Importers Need to Understand What They Are Getting Into. There was a resounding call for action by regulators and industry and the legal documents are now out in …

International Cyber Agenda: Balance between Privacy and Security Urgently Needed

Days before Apple was ordered to turn over the iPhone of one of the San Bernardino attackers who killed fourteen in December, cyber experts clashed at the Munich Security Conference …

EU/U.S. Data Transfers: New Privacy Shield – How Does It Look and What Happens Next?

The EU is acting at breakneck speed to fill the legal gap that the European Court of Justice (ECJ) created in October, invalidating the Safe Harbor Agreement for EU/U.S. data …

Data Transfers: EU Court Declares EU/US Safe Harbor “Invalid” – What Now?

U.S. companies with European business will most likely mark 6 October 2015 as a dark day on their calendars. The highest EU court, the European Court of Justice (ECJ) in …

New German Cybersecurity (BSI) Act:Ready for the Next Cyber War?  

As do many other countries, Germany struggles to find the right balance between privacy and cybersecurity. It is a balancing act on many fronts. The German government has suggested a …

Mandatory Data Retention Soon More Extensive in Germany than Under the USA Freedom Act

When the news broke a few days ago that the U.S. Senate had finally approved the USA Freedom Act, German commenters received it with satisfaction. However, there are various differences …

From the AICGS Bookshelf: After Snowden: Privacy, Secrecy and Security in the Information Age

Amid the continuing saga of the NSA affair—spanning from the German debate about privacy and security to the USA Freedom Act—there is now another set of perspectives on the impact …

Can We Handle the Truth?

Amid the tensions between Berlin and Washington generated by the NSA affair, one might be tempted to remind both sides of the Atlantic that (apologies to Jack Nicholson’s character in …

The Tasks Ahead

Listen to any European or American leader talk about the transatlantic relationship these days and you will hear a handful of common refrains. Major policy addresses of this kind often …

Beyond Spying: How to Save the U.S.-German Alliance

While Washington fumbled the NSA clash with Germany, Berlin too has had a hand in stoking the heated debate over U.S. surveillance programs. Public denunciations and empty promises of retaliation …

Rebuilding the Relationship: The Undeniable Ties Between the United States and Germany

In the wake of the recent espionage scandal, it is time for the U.S. and Germany to start cleaning up the damage and rebuild the relationship. Geopolitical hotheads on both …