Gayle McFarlane, and Andre Bywater, European Court Weltimmo ruling on the jurisdiction of data protection regulators

What is this case about? This case is a ruling from the European Court of Justice (Case C-230/14 of 1 October 2015) about the ability of national EU Member State data protection regulators to deal with matters involving organisations situated beyond their borders. What is the background to this case? A Slovakian registered company called […]

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Cristina Vicarelli, Establishment and “intention to target”- the Weltimmo decision

The Weltimmo decision issued by the European Court of Justice on October 1, 2015 is probably one of the most important decisions on processing of data. It is so for three reasons. First, it defines the “establishment” in the most peculiar way, which has consequences in point of application of national data protection of the member states and […]

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Establishment and “intention to target”- the Weltimmo decision

The Weltimmo decision issued by the European Court of Justice on October 1, 2015 is probably one of the most important decisions on processing of data. It is so for three reasons. First, it defines the “establishment” in the most peculiar way, which has consequences in point of application of national data protection of the […]

ECJ decides Weltimmo: Data protection of a Member State may be applied to foreign company exercising there real and effective activity through stable arrangements (one representative being sufficient)

The European Court of Justice has just issued its Judgment in Case C-230/14 Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság. The Court held that the data protection legislation of a Member State may be applied to a foreign company which exercises in that State, through stable arrangements, a real and effective activity. The facts: […]

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EU data protection jurisdiction may be triggered by the physical presence of one worker, Advocate General opines in Weltimmo case

On June 25, 2015, the advocate general of the Court of Justice of the European Union (“ECJ”) filed his opinion in the case 230/14, Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság (“Weltimmo”). According to the Advocate General, in order to determine which EU data protection law applies, authorities shall consider where the companies’ activity […]

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Does the GDPR Apply to My Organization? The “Extraterritoriality” of the New European Data Protection Regulation

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 […]

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So much promise, so little delivery …, i.e. why the Privacy Shield might not matter much for the biggest American businesses (read: tech-giants)

After the October 6, 2015, European Court of Justice’s annulment of the Safe Harbor decision of adequacy (Maximilian Schrems v. Data Protection Commissioner), the European Data Protection Authorities (DPAs) gave businesses until January 31, 2016, for the start of enforcement of the Schrems’ decision (see here). The Safe Harbor Scheme had been used for almost 15 years as […]

Francesca Giannoni-Crystal, so much promise, so little delivery …, i.e. why the Privacy Shield might not matter much for the biggest American businesses (read: tech-giants)

After the October 6, 2015, European Court of Justice’s annulment of the Safe Harbor decision of adequacy (Maximilian Schrems v. Data Protection Commissioner), the European Data Protection Authorities (DPAs) gave businesses until January 31, 2016, for the start of enforcement of the Schrems’ decision (see here). The Safe Harbor Scheme had been used for almost 15 years as the […]

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WP29 issues new opinion on law applicable in light of the CJEU judgement in Google Spain

On February 16, 2016, Article 29 Working Party (WP29) issued an update on Opinion 8/2010 on applicable law. The update provides explanations concerning the applicable law in light of the Court of Justice of the European Union (CJEU) judgement’s in Google Spain (or Costeja case, C-131/12). The ruling of May 13, 2015 held that EU data subjects have a right […]

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