Irish Data Protection Commissioner to evaluate whether Facebook’s data transfer to the US complies with EU privacy rules

On October 20, 2015, the Irish Data Protection Commission declared that it will proceed to investigate the substance of the complaint brought by Schrems against Facebook “with all due diligence” after the European Court of Justice held the Safe Harbor Decision invalid. The investigation will commence under section 10 of the Irish Data Protection Act and it […]

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 […]

Alternatives to Safe Harbor for the transfer of data between the EU and the US

In light of the recent decision in C-362/14 (Maximilian Schrems v. Data Protection Commissioner), European Data Protection Agencies may suspend data transfers under Safe Harbor. Multinational companies might start to get worried. But are there other instrument to transfer data between the EU and the US? Yes! According to WP29, there are at least two other […]

EU Data Protection Regulation update: EU Council reaches agreement also on privacy in law enforcement

  On October 9, 2015, the Council of the European Union agreed on Data Protection Regulation proposal. This agreement enables the Luxembourg presidency to start discussions with the European Parliament also on that part of the Data Protection Regulation concerning the protection of personal data processed for the prevention, investigation, detection or prosecution of criminal offenses or […]

Stefano Cancarini, and Flavia Messina, Safe Harbour repealed: first impressions on the transfer of data protection to the United States

The Court of Justice of the European Union on October 6, 2015 released an important decision ruling the transfer of personal data from the European Union to the United States, consistent with the opinion by Advocate General, Yves Bot, of September 23, 2015. The ruling repealed the Decision 2000/520 of the European Commission that had […]

Safe Harbour Decision is invalid, the ECJ holds

On October 6, 2015, the European Court of Justice (ECJ) issued its decision in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). As suggested by the Advocate General Yves Bot (“AG”) on September 23, 2015, (see here), the ECJ held a Commission’s decision of adequacy pursuant to Article 25(6)   does not prevent a supervisory authority […]

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 […]

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: […]