Snell & Wilmer
Global Connection
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April 8, 2016

Dear Friend of Snell & Wilmer:

This edition of Global Connection offers insight into European data privacy laws with special importance for U.S. companies. It also reports on the 2016 In-House Counsel Global Symposium, hosted in February by Snell & Wilmer, Lex Mundi and the Arizona chapter of the Association of Corporate Counsel at Snell & Wilmer's Phoenix office. The Symposium brought together attorneys from 19 countries and more than 40 in-house counsel to address the latest issues affecting businesses in the United States and abroad.

We hope this edition of Global Connection proves useful as you continue to seek out new opportunities. Please feel free to contact me if you have ideas for future articles or topics for the Global Connection or if you would like to be included in future international events, such as our In-House Counsel Global Symposium.

Best regards,

Lindsey E. Martínez
Editor

In the Global War for Data Privacy, Germany, France and Norway Launch First Strikes under ‘The Shield’

by Sara J. Agne

In the comic book world, one is often either a DC person or a Marvel person. In the data privacy world, one could say the European Court of Justice ruling last fall inspired the switch from DC’s Aquaman’s (Safe) Harbor to Marvel’s Captain America’s (Privacy) Shield. (See the February 2, 2016, post here on the new privacy framework for transatlantic data transfers.) Except it’s American companies that are on the business end of the Shield.

It was an October 6, 2015 European Court of Justice ruling that declared the old Safe Harbor agreement framework invalid because the United States did not afford an adequate level of protection for the transfer of Europeans' personal data to the United States. (This day-of-the-ruling post discusses that in further detail.) With the Shield in place since early February but still being hammered out, the 28 E.U. Member States (along with Norway, Liechtenstein and Iceland—the European Economic Area member countries) have begun testing its strength.

Taking direction from the European Court of Justice ruling, the Shield requires U.S. intelligence services to observe new limits and supervision procedures when accessing Europeans’ data. But U.S. companies need to appear on the Shield’s registry, via annual self-certification, and plan to resolve any complaints within 45 days, if they seek to handle Europeans’ personal data. A free alternative dispute resolution system and a privacy shield panel that can take binding action are the steps that follow an unresolved consumer complaint.

Enhanced oversight and enforcement mechanisms through the U.S. Department of Commerce, tightened restrictions on re-sharing of Europeans’ data by U.S. companies and companies remaining responsible for end uses are other attributes of the Shield framework. Like federal health privacy laws, the Shield requires that only the minimum amount of European personal data necessary for the intended purpose be used.

Meanwhile, German regulators have sought to bring U.S. companies still trying to take advantage of Safe Harbor to the correct side of the Shield. The city-state of Hamburg was reported to be targeting three U.S. companies still relying on Safe Harbor as a framework for data transfers. France’s data protection authority made similar allegations about Facebook’s operations as to transatlantic data transfers. (Facebook strongly denies this.)

Finally, U.S.-based online dating app Tinder may be in trouble with the Norwegian consumer authority, apparently under both Norwegian and E.U. consumer and privacy law. The Norwegian Consumer Council took issue early in March with Tinder users not being able to delete their own accounts, while the app company can delete users’ accounts at will. It will certainly take time before the Shield is fully forged. In the interim, U.S. companies seeking to engage in transatlantic data transfers relating to E.U. citizens may wish to ensure that they have afforded themselves of all of its protections.

Snell & Wilmer Hosts 2016 In-House Counsel Global Symposium

by Sarah E. Delaney

On February 26, 2016, Snell & Wilmer, Lex Mundi and the Arizona chapter of the Association of Corporate Counsel hosted the 2016 In-House Counsel Global Symposium at Snell & Wilmer’s Phoenix office. The Symposium brought together attorneys from Lex Mundi law firms in 19 countries and more than 40 Arizona-based in-house counsel to address the latest issues affecting businesses in the United States and abroad over lively panel discussions and cross-border networking.

The morning’s panels focused on privacy and cybersecurity, employment law and global compliance issues. The significant growth of big data and the related rise of cyberattacks, with current statistics showing more than 500,000 attacks per day, colored the discussions of the differences between American and European privacy and data security. Similarly, the panelists addressing the challenges of managing a global workforce explained how the labor and employment law varies significantly between the United States, the European Union and South American countries, and the implications for companies attempting to operate on all three continents. The discussions of global compliance further demonstrated both the international discrepancies and the areas for global collaboration, with a heated analysis of what “compliance” means in each panelist’s country and how the increasing enforcement of U.S. foreign trade regulations abroad requires stricter scrutiny on anti-bribery, anti-competition and anti-money laundering requirements in all countries.

Attendees divided up into break-out sessions throughout the afternoon, comparing experiences and sharing first-hand insight into legal matters across the globe. These sessions discussed issues such as global intellectual property opportunities; cross-border dispute resolution; expansion into evolving markets; and operations in Mexico, Central and South America, and Canada. Additional panels on pro bono cases from Lex Mundi firms across the world, the corporate counsel perspective on pressing international issues and the importance of global business completed the afternoon session.

Below are the panelists for each Symposium session. For additional information about any specific panel discussions, please contact the Snell & Wilmer practitioner on the panel:

Privacy and Cybersecurity
Jennifer Hadley, Snell & Wilmer (jhadley@swlaw.com)
Bob Calmes, Arendt & Medernach SA (Luxembourg)
Dan Christensen, Intel (USA)
Ilya Nikiforov, Egorov Puginsky Afanasiev & Partners (Russia)
Vittorio Tadei, Chiomenti Studio Legale (Italy)

Understanding Lex Mundi: The Network and Resources
Carl Anduri, Lex Mundi (USA)
Paulo Rocha, Demarest Advogados (Brazil)

Managing a Global Workforce
Rebecca Winterscheidt, Snell & Wilmer (bwinterscheidt@swlaw.com)
Manuel Cairo, Snell & Wilmer (mcairo@swlaw.com)
Eduardo Mayora Alvarado, Mayora & Mayora, S.C. (Guatemala)
Sebastian Pérez-Arteta, Pérez Bustamante & Ponce (Ecuador)
Martin Simovart, COBALT (Estonia)

A Look into Global Compliance
Brett Johnson, Snell & Wilmer (bwjohnson@swlaw.com)
Filips Klavins, Klavin Ellex (Latvia)
Maeve Moran, Arthur Cox (Ireland)
Sebastian Iribarne, Marval, O’Farrell & Mairal (Argentina)
Walter van Overbeek, Houthoff Buruma (Netherlands)
Xiaolin Zhou, Jun He (China)

Monetizing and Protecting IP Abroad
Mike Ray, Womble Carlyle (USA)
Damon Ashcraft, Snell & Wilmer (dashcraft@swlaw.com)
Neer Gupta, Verizon Communications (USA)
Ilya, Nikiforov, Egorov Puginsky Afanasiev & Partners (Russia)
Vittorio Tadei, Chiomenti Studio Legale (Italy)
Ketan Vakil, Snell & Wilmer (kvakil@swlaw.com)
Xiaolin Zhou, Jun He (China)

Cross-border Dispute Resolution
Ed Spalty, Armstrong Teasdale LLP (USA)
Euan Palmer, Maclay Murray & Spens LLP (Scotland)
Walter van Overbeek, Houthoff Buruma (Netherlands)
Elizabeth Weldon, Snell & Wilmer (eweldon@swlaw.com)

Expansion in Evolving Markets
Susan Grueneberg, Snell & Wilmer (sgrueneberg@swlaw.com)
Gillian Clarke, Clarke Gittens Farmer (Barbados)
Serge Pavluk, Snell & Wilmer (spavluk@swlaw.com)
Martin Simovart, COBALT (Estonia)
Raimonds Slaidins, Klavins Ellex (Latvia)
Mark Ziemba, Snell & Wilmer (mziemba@swlaw.com)

Doing Business in Mexico, Central and South America
Curt Reimann, Snell & Wilmer (creimann@swlaw.com)
Carlos Freaner, Snell & Wilmer (cfreaner@swlaw.com)
Amilcar Garcia Cortes, Basham, Ringe y Correa, S.C. (Mexico)
Sebastian Iribarne, Marval, O’Farrell & Mairal (Argentina)
Dr. Eduardo Mayora Alvarado, Mayora & Mayora S.C. (Guatemala)
Sebastian Pérez-Arteta, Pérez Bustamante & Ponce (Ecuador)
Paulo Rocha, Demarest Advogados (Brazil)
Carlos Umaña-Trujillo, Brigard & Urrutia Abogados (Colombia)

Doing Business in Canada
Garth Stevens, Snell & Wilmer (gstevens@swlaw.com)
Cheryl Hodder, McInnes Cooper, New Brunswick, Newfoundland, Nova Scotia, Prince Edward Island (Canada)
Tina Shih, Consulate General of Canada (Canada)
Lowell Thomas, Snell & Wilmer (lthomas@swlaw.com)

Changing the World: Lawyers Making a Difference on a Global Basis
Cary Jones, Snell & Wilmer (cjones@swlaw.com)
Carl Anduri, Lex Mundi (USA)

A View From Inside: The Corporate Counsel Perspective on Global Issues
Matt Feeney, Snell & Wilmer (mfeeney@swlaw.com)
John FitzPatrick, LEONI Wiring Systems, Inc. (USA)
Paul Kaleta, First Solar (USA)
Wendy Neal, Arcadia Biosciences (USA)
Eric Staal, Lex Mundi (USA)

Differences Matter… and Here is Why: Anecdotes from Around the Globe
Barb Dawson, Snell & Wilmer (bdawson@swlaw.com)

The third In-House Counsel Global Symposium provided a great opportunity for attorneys from across the Phoenix valley and from around the world to engage in issues affecting the global legal community. Through collaborative discussion, attendees came away with new resources and connections to address concerns facing their clients and companies on a daily basis.

 

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