An update on Case C-362/14 (the ECJ to decide whether European judges are still “absolutely bound” by Safe Harbor)

On March 24, 2015, the European Court of Justice (ECJ) heard arguments on case C-362/14. The ECJ is called to decide on whether national judges are “absolutely bound” by a company’s declaration to participate in the Safe Harbor, or whether they could still conduct their own investigations to determine if personal data are protected according […]

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EU-US Privacy Roundtable with Privacy Activist Max Schrems in New York

On February 23, 2016, the European American Chamber of Commerce (EACC) hosted an interesting EU-US Privacy Roundtable with Privacy Activist Max Schrems, founder of the group Europe v. Facebook. The panel started by providing a brief overview of the developments in data privacy laws. It also explained the judiciary path that brought to the judgment […]

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Within January 29 Spanish companies must cease data transfer under the Safe Harbor (see AEDP’s communication)

  According to these sources (see here in Spanish and here in English), in November 2015, the Agencia Española de Proteccion de Datós (AEPD) sent a notice to all Spanish companies known to transfer data to third countries. The AEDP asked those companies to cease international data transfers after the European Court of Justice held the Safe Harbour […]

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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 […]

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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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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 […]

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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 […]

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