After the ECJ’s decision invalidating the Safe Harbor, other countries are following that path questioning data transfers to the US. The Swiss Data Protection Authority (FDPIC) opined that when dealing with modern means of communication, the use of certain tools and the disclosure of personal data should always be approached with caution. If data has […]
On October 27, 2015, the European Parliament approved in second reading the Regulation of the European Parliament and the Council that lays down measures concerning open internet access. The regulation amends Directive 2002/22/EC (on universal service and users’ rights relating to electronic communications networks and services) and Regulation (EU) No 531/2012 (on roaming on […]
On January 1, 2016, the Dutch Bill on Notification of data leaks will take effect. The legislation introduces a general obligation for Dutch data controllers to notify the Data Protection Authority (College Bescherming Persoonsgegevens) as well as affected individuals of data security breaches. The legislation also provides for increased fines in case of violations of the Dutch Data Protection […]
The vast difference between the views of privacy held in the US and in the EU is illustrated by the divergent paths of two prominent data privacy actions. In the EU, the action was brought by Max Schrems as a complaint before the Irish Data Protection Commissioner, claiming that Facebook’s transfer of user data to […]
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 […]
On October 27, 2015, the Court of Appeal of The Hague (Gerechtshof Den Haag) affirmed the District Court’s decision that found the Dutch government’s surveillance of Dutch law firms illegal. See here. The Court of Appeal dismissed all grounds of appeal raised by the Dutch Government and held that the communication between a lawyer and his or her […]
On October 29, 2015, Reuters reported that according to U.S. Secretary of Commerce Penny Pritzker, “Safe Harbor 2.0” is very near to be a reality. On the European side, on October 26, 2015, Vera Jourova, the EU Commissioner for Justice, Consumers and Gender Equality, reiterated that “it is crucial to conclude the discussions with our […]
After the recent decision by the ECJ which gave back to the EU data protection authorities the right to examine whether data transfers violate EU privacy rules despite compliance with Safe Harbor, which was in fact abolished, the WP29 offered some practical suggestions to businesses reminding that “Standard Contractual Clauses and Binding Corporate Rules can still be used” for […]
As reported in Ars Technica, German data protection authorities have announced that they will immediately begin investigating data transfers from the EU to the US by companies such as Facebook and Google, and may issue orders for data flows to be halted. This is in response to the recent decision by the CJEU giving local DPA’s […]
On October 10, 2015, the Vienna Court of Appeal (Oberlandesgericht Wien) issued a written decision in the Austrian Data Protection action against Facebook. The Court of Appeal overturned the Vienna Regional Court’s decision of July 2015 that had rejected plaintiff Maximilian Schrems’ complaint for lack of jurisdiction. See here. On July 14, 2015, the plaintiff had appealed […]