(ECJ) Advocate General’s opinion in case Case C‑311/18 (so called “Schrems II”)

On December 19, 2019, ECJ’s Advocate General (“AG”)Saugmandsgaard Øe delivered his opinion in case Case C‑311/18. In particular, the AG notes that the request for a preliminary ruling submitted by the High Court of Ireland (‘the High Court’) relates to one of the forms that the “appropriate safeguards” may take: a contract between the exporter and the importer […]

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Barristers publish non-partisan, fact-based report on EU membership (consequence of Brexit on data protection is discussed)

The report consists of three papers and one executive summary. The Report spells our the “the legal impacts of withdrawal” in the Executive summary and in paper I. The Report also discusses the consequences of Brexit on data protection: We consider, were the UK to remain in the EU, that the new General Data Protection […]

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Christopher Kuner, Reality and Illusion in EU Data Transfer Regulation Post Schrems

Interesting article discussing international data transfer between Europe and the U.S. Abstract:  “In Schrems v. Data Protection Commissioner, the Court of Justice of the European Union invalidated the EU-US Safe Harbour arrangement allowing personal data to be transferred to the US. The judgment affirms the fundamental right to data protection, defines an adequate level of […]

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WP29 welcomes EU-US “Privacy Shield” agreement but – while waiting to receive relevant documents – reserves judgment on whether it meets ECJ’s requirements

On February 3, 2016, Article 29 Working Party (WP29) met to discuss the consequences of the European Court of Justice’s ruling of October 6, 2015, which declared the old Safe Harbor framework invalid (see here for more information). WP29 welcomed the recent EU-U.S. announcement that the “Privacy Shield” will substitute the old “Safe Harbour” (see here). However, it […]

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FTC and European DPAs discuss ways to improve privacy protection at the 2015 Amsterdam Privacy Conference

On October 23, 2015, FTC Commissioner Julie Brill gave the keynote at the Amsterdam Privacy Conference. According to her talk, the EU Court of Justice (ECJ) recent decision to hold Safe Harbour decision invalid (see here)  is an opportunity to improve privacy laws on both sides of the Atlantic. The ECJ decision highlighted “the need to have an […]

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Judicial Redress Act of 2015, which could facilitate data sharing US-EU, on its way to approval

On October 20, 2015, the House of Representatives moved to the Senate a bipartisan bill, the Judicial Redress Act of 2015, which would extend some of the protections of the Privacy Act of 1974 to citizens of certain foreign countries so that they could pursue their privacy rights in US courts. More information on the rights set […]

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