Irish High Court to decide whether to ask ECJ to issue preliminary ruling on Model Clauses vis-a-vis Safe Harbor decision

Starting on February 7, 2017, the Irish High Court will hear a case brought by the Irish Data Protection Authority (DPA) against Facebook Ireland Ltd and Mr Schrems over EU-US data transfers after the Snowden disclosures. After the ECJ invalidated the “Safe Harbor” decision, Facebook performed its data transfer to the US using the “Model Clauses”. Mr. Schrems […]

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French DPA starts post Safe Harbor privacy enforcement

On February 8, 2016, the French Data Protection Authority (CNIL) issued a formal notice to Facebook to comply within three months with the French Data Protection Act. According to CNIL, among other violations, Facebook is breaching French Data Protection Laws by transferring “personal data to the United States on the basis of Safe Harbour, although the […]

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End-of-January deadline post-Safe Harbor enforcement

What’s this all about? As you will be well aware, the European Court ruled in the Schrems case last autumn 2014 that the EU US Safe Harbor Decision was invalid (see here for our earlier alert and a short film update). The EU and the US have been in discussion to try and agree a “Safe Harbor […]

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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Swiss and Israeli DPAs blocked data transfer to US after ECJ’s invalidation of Safe Harbor

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 […]

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Portuguese DPA’s decision regarding Safe Harbor

The Portuguese Data Protection Authority (CNPD) published today its decision regarding the Court of Justice of the European Union’s (CJEU) decision to invalidate Safe Harbor. Summing up, the CNPD: prohibits data transfers to the US under Safe Harbor, executing CJEU’s decision; will only issue provisional authorizations for data transfers to the US using mecanisms other than […]

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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Francesca Giannoni-Crystal, The rationale of Advocate General Bot’s Opinion in Schrems: why the Safe Harbor Decision is invalid

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 […]

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