On July 16, 2020 the European Court of Justice (ECJ) issued an epochal decision (judgment in case C-311/18 Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems): not only was the Privacy Shield wiped out (the Decision on the adequacy of the protection provided by the EU-US Data Protection Shield was invalidated) but the ECJ, […]
UPDATE On Washington privacy Act March 2020 – Washington Privacy Act fails again It was almost given for granted that the Washington Privacy Act would have passed this time. The Washington State House and Senate were debating two similar bills. The major difference was in the enforcement mechanism: while in the House’s Bill both the […]
Europeans have the right to disappear from a search engine’s results under certain conditions. Directive 46/1995 as interpreted by Google Spain judgment (Case C-131/12) and GDPR Article 17. This is the so called “right to be forgotten” or right of erasure (also known as de-referencing or de-listing). The Court of Justice of the European Union […]
The General Data Protection Regulation, GDPR (Regulation (EU) 2016/679) started to apply on May 25, 2018. See here. The GDPR sets forth the data subject’s right to compensation and liability for the damages caused by processing infringing the GDPR. Pursuant to Article 82, GDPR: “Any person who has suffered material or non-material damage as a result of an infringement […]
The GDPR (the General Data Protection Regulation) has started its application on May 25, 2018[i]and applies “extraterritorially. Privacy practitioners and EU regulators alike have highlighted the advantages of GDPR compliance for organizations, such as better data management, enhanced protection against cyber-risks, competitive advantages, etc. Many companies share the same positive view. Some others see the GDPR […]
The E.D. Michigan held that despite European data protection laws that might restrict disclosure of personal information, a US litigant must comply with federal discovery rules even if that means producing documents stored in the EU. Under EU Directive 46/1995 and the national implementation legislation,[i] personal information can only be processed according to privacy rules. Disclosure in […]
The Internet of Things has created discoverable data repositories not only out of cell phones but many other household items. Smart watches calculate our steps and heart rates, and can contradict a claim of disability or injury. Smart home devices track internal temperature and may contradict a spouse’s claim to have been home on a […]
On May 2018, Regulation (EU) 2016/679, on the Protection of Natural Persons with Regard to the Processing of personal Data and on the Free Movement of Such Data, and repealing Directive 95/46/EC (General Data Protection Regulation, in short “GDPR”), will enter into force. The good thing is that starting from that date, the EU […]
We have been reading some commentaries to the effect that the GDPR (General Data Protection Regulation) needs to be transposed with special legislation adopted in the several EU member states. That there will be legislation is true, but the statement is misleading. Make no mistake: the GDPR is an EU regulation, not a EU directive […]
Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) repeals Directive 95/46/EC and expands on the protection of natural persons with regard to the processing of personal data and the free movement of such data. The GDPR will come into force in May 2018 and will have an expanded territorial scope of application compared to […]