(ECJ) Advocate General’s opinion in case Case C‑311/18 (so called “Schrems II”)

On December 19, 2019, ECJ’s Advocate General (“AG”)Saugmandsgaard Øe delivered his opinion in case Case C‑311/18. In particular, the AG notes that the request for a preliminary ruling submitted by the High Court of Ireland (‘the High Court’) relates to one of the forms that the “appropriate safeguards” may take: a contract between the exporter and the importer […]

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Christopher Kuner, Reality and Illusion in EU Data Transfer Regulation Post Schrems

Interesting article discussing international data transfer between Europe and the U.S. Abstract:  “In Schrems v. Data Protection Commissioner, the Court of Justice of the European Union invalidated the EU-US Safe Harbour arrangement allowing personal data to be transferred to the US. The judgment affirms the fundamental right to data protection, defines an adequate level of […]

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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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European Commission Issues Post-Schrems Communication on EU-US Data Transfers

Introduction Developments following the European Court’s 6 October 2015 Schrems ruling that declared data transfers under Safe Harbor invalid continue apace with the publication of an official 16-page Communication from the European Commission of 6 November. Please refer to our main alert for the background and our comments (including 3 videos) on the Schrems judgment and its consequences along with […]

Jonathan Armstrong, Gayle McFarlane, and André Bywater, European Commission Issues Post-Schrems Communication on EU-US Data Transfers

Introduction Developments following the European Court’s 6 October 2015 Schrems ruling that declared data transfers under Safe Harbor invalid continue apace with the publication of an official 16-page Communication from the European Commission of 6 November. Please refer to our main alert for the background and our comments (including 3 videos) on the Schrems judgment and its consequences along with […]

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Schrems’ Austrian data protection action against Facebook found to have favorable grounds on appeal

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 […]

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Post Schrems-decision issued by Portuguese DPA

On October 23, 2015, the Portuguese Data Protection Authority (Comissão Nacional de Protecção de Dados – CNPD) issued its post-Schrems decision. Implementing the Schrems decision, and referring also to the WP29’s recent statement, the CNPD prohibited data transfers to the US under Safe Harbor. The Authority stated that it will issue provisional authorizations under systems […]

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WP29 issues post-Schrems statement urging political solution for transfer of data EU-US within end of 2015 and giving some practical suggestions in the interim

After the EU Court of Justice (ECJ) held that the Safe Harbour decision is invalid (see here ), all transfers of personal data that are still taking place under the decision are unlawful. So the Article 29 Working Party (WP29) in its September 16, 2015 statement after the ECJ’s Schrems decision. The Woking group also opines that […]

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