EU

Interested in Joining the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks?

As a U.S. business who targets EU or Swiss nationals with your products or services, you might consider joining the EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks (an overview PDF contains key information about the Privacy Shield scheme). Both Frameworks require a self certification. The U.S. government provides a “How to” join the Privacy Shield consisting of two parts: part one deals with eligibility together with constructing a compliant privacy policy (with additional links describe the necessary contents of your company’s privacy policy); and part two covers identification of an Independent Resource Mechanism, required fee payments, placement of an active verification mechanism, designating a contact individual or officer for your business, reviewing your application (paying attention to the items required to self-certify), and submission of your application (check out the PDF guide to online submission). The site also has FAQs about the Privacy Shield Frameworks as well as information on how the Privacy Shield Frameworks are enforced. You may also view the texts and underlying documents of the Privacy Shield Frameworks through the site. Additionally, review the benefits of joining the Privacy Shield Frameworks as described by the U.S. Government. Finally, take a look at the searchable database of companies presently self-certifying under the Privacy Shield Frameworks. The U.S. Department of Commerce through the U.S. International Trade Administration operates the above described website and its contents, so be sure to check the site often for updates. Any determination by your business to join the Privacy Shield Frameworks is the sole responsibility of you and your company undertaken after careful review of all applicable requirements, documents, and regulations.


Daniel H. Erskine, an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.

The NIS Directive EU Cybersecurity

The Directive on security of network and information systems (the NIS Directive) requires transposition into European Union Member’s domestic law by May 9, 2018 (definition of an EU Directive). The NIS Directive, adopted in July 2016, entered into force in August 2016. The UK’s National Cyber Security Center (NCSC) published an Introduction to the NIS Directive, which provides an overview on on the application of the NIS Directive; a second web site sets out top level objectives of the NIS Directive. Objectives guidance on managing security risks, protecting against cyber attack, detecting cyber security events, minimising cyber security event impacts, examples of supply chain cyber attacks, assessment of supply chain practices, and the 12 principles of supply chain security are posted on the NCSC website. The NSCS also published an Introduction to identity and access management. The Cyber Assessment Framework (CAF) will be published by the end of April 2018. A table setting out the 14 NIS principles together with related guidance and objectives was updated in March 2018. There are a number of infographics covering various topics concerning cyber security and a glossary of terms. You may read the consultation related to the NIS Directive, which is now closed for further detailed information and guidance on applicability of the NIS Directive to your company or business. The NIS Directive applies to “operators of essential services” and “digital service providers.” Essential services operators are designated by member state governments. Digital service providers include online marketplaces, search engines, and cloud computing services. Commission Implementing Regulation (EU) 2018/151 of 30 January 2018 established rules for application of the NIS Directive to digital service providers and incident reports. The UK implemented the NIS Directive through The Network and Information Systems Regulations 2018 on 10 May 2018. The NIS Directive addresses security requirements or goals as well as incident reporting together with possible implementation of fines or penalties as determined by EU member governments. The Directive works together with the GDPR Regulation and is, generally, part of the overall EU regime on data security, privacy, and the single digital market. www.erskine-law.com

Daniel H. Erskine, an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.

EU Good practices in SME policy

If you are looking for information about SME (Small and Emerging Enterprises) and the European Union’s approach to SME as well as polices related to SME operations at the European Community level, then take a look at the Good practices in SME policy website of the European Commission.

On the site you will find links to Applying the Think Small First principle; Simplifying start-up procedures; Internationalisation of SMEs; Education for entrepreneurship; Bankruptcy and fresh start; and Reducing the administrative burden. All of the links provide good information on these essential areas to all SME operations.

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Daniel H. Erskine, an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.

EU OSH Complaince

Looking for information on good practices to comply with EU regulations? Check out the European Agency for Safety and Health at Work’s website focusing specifically at these issues. The contains links to databases, topic, sectors, and more, which cover various areas relating to occupational health and safety.

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Daniel H. Erskine, an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.

Wondering what an SE or European Company is?

Check out the definition of a ‘Societas Europaea‘ or European Company provided by the UK’s Companies House to discover the basic constitution and requires for creating one.
http://www.companieshouse.gov.uk/about/gbhtml/gb06.shtml

Daniel H. Erskine, an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.