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On September 23, Advocate General Yves Bot at the European Court of Justice (“AG”) released his Opinion in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). Waiting for the decision of the European Court of Justice – expected on October 6 – and keeping in mind that the Court follows the Advocate General’s opinions 80% of […]

Authors discuss the Advocate-General conclusions in the Schrems case. According to the article, the opinion holds that “national data protection regulators do have the power to undertake such investigations [EU-US data transfers] and suspend data transfers”. The full text is available http://www.technethics.com/gayle-mcfarlane-and-andre-bywater-european-court-weltimmo-ruling-on-the-jurisdiction-of-data-protection-regulators/ Originally published in http://www.corderycompliance.com…

The result of one of Europe’s most anxiously awaited data protection cases came out last week. We have previously reported on the action brought by Max Schrems in Austria against Facebook. Our previous alert with background on the case is here. What happened? On July 1, 2015, the Vienna Regional Court (Landesgericht) rejected the Schrems […]

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, […]

On July 9, 2019, the Court of Justice of the European Union heard oral arguments on a landmark case concerning Facebook’s transfer of personal data from the EU to the US on the basis of the currently utilized “standard contractual clauses” (SCCs) mechanism. See here for more info. The oral hearing took place in front […]

On July 9, 2019, the European Court of Justice (CJEU) heard oral arguments on a landmark case concerning Facebook’s transfer of personal data from the EU to the US on the basis of the currently utilized “standard contractual clauses” (SCCs) mechanism. The CJEU’s decision — will have tangible consequences for businesses performing data transfers from […]

  On March 25, 2019, Vienna’s higher Regional Court (Oberlandesgericht Wien) ruled that “every citizen can not only file a complaint with the data protection authority, but also submit a lawsuit in courts.” See here. The claims is complicated and concerns Facebook’s breach of EU privacy laws. See here for more info. The admissibility of […]

On October 3, 2017, the Irish High Court deemed that the Irish DPA has “well founded concerns” over US privacy surveillance of Facebook and is worried that there may not be an effective remedy in US law compatible with the fundamental EU data protection right to file a petition before an independent tribunal when EU […]

  On October 16, 2017, the U.S. Supreme Court accepted the U.S. government’s request to review a previous appeals court ruling in favor of Microsoft, preserving service providers from surrendering information stored abroad. The U.S.’s highest court had to decide if companies have a right to refuse to comply with data disclosure demands made by […]

Nel giugno del 2016, l’Autorità per la protezione dei dati personali (di seguito anche DPA) di Amburgo, in accordo con le altre presenti in Germania, si è occupata della compatibilità di Google Analytics con la normativa nazionale sulla protezione dei dati. Le indicazioni che sono emerse dal provvedimento dell’Autorità di Amburgo  appaiono a un primo […]