Close X
Attorney Spotlight

Find out which two countries Cheryl Palmeri gets the most questions about related to International Trade in today's market? Find out more>


Close X


Search our Experience

Experience Spotlight

In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

AmSurg logo

Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

Read More >

U.S. and Europe Cut New "Safe Harbor" Deal for Transatlantic Data Transfers

Firm Publication


February 3, 2016

Yesterday, European and U.S. policy makers agreed on a deal creating a new "safe harbor" framework for data transfers from Europe to the United States dubbed the EU-U.S. Privacy Shield ("Privacy Shield"). This Privacy Shield places robust obligations on U.S. companies to protect Europeans' personal data and ensure stronger monitoring and enforcement by the U.S. Department of Commerce and Federal Trade Commission ("FTC"), including increased cooperation with European regulators. 

This new EU-U.S. data transfer accord would replace the 15-year-old Safe Harbor agreement invalidated by the European Court of Justice ("ECJ") last October because it failed to comply with European data protection law. The ECJ ruling called into question the legality of many U.S. companies' data processing activities.

Transatlantic data transfers are used in a variety of industries for sharing employee information, processing consumer credit card information, travel, ecommerce transactions or targeting ads based on customer preferences. Now, U.S. companies wishing to import personal data from Europe under the Privacy Shield framework must commit to robust obligations on how personal data is processed and individual rights are guaranteed. In addition, any company handling human resources data from Europe must comply with decisions by European regulators. European data protection authorities will also work with the FTC to police the system and respond to complaints from EU citizens about their data being misused. The Privacy Shield also provides for the United States to create an Ombudsman within the State Department to deal with complaints forwarded by European regulators, an alternative dispute resolution mechanism to resolve grievances made by EU citizens, and a joint annual review of the Privacy Shield framework by the FTC and the European Commission.

An agreement between the EU and United States that provides a pathway for data transfers is seen by many as critical for continuation of digital data transfers. However, the Privacy Shield must overcome several hurdles before it becomes legally binding. First, all of the EU's 28 member states must approve the deal. The data regulators from each state are expected to meet February 3 to determine whether to recommend approval of the new agreement. The deal must also comply with the ECJ's October ruling to withstand legal challenges under European law. Many European regulators have been vocal about the lack of oversight under U.S. law of the protection and use of European data. In addition, European privacy-rights activists may challenge the deal in European courts as they did in Schrems, which ultimately led to the ECJ's October invalidation ruling. 

In the coming weeks, European officials will prepare a draft "adequacy decision" which could then be adopted by the College of Commissioners. In the meantime, the United States will make the necessary preparations to put in place the new framework, monitoring mechanisms and Ombudsman position. 

We will continue to monitor and provide updates as we track the new rules under the EU-U.S. Privacy Shield. If you have questions regarding the potential effects of this agreement or any other data security concerns relating to your organization, please contact an attorney on our Data Security & Privacy Team.

Related Professionals

Related Services


Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.