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 […]
On July 16, 2020 the European Court of Justice (ECJ) issued an epochal decision (judgment in case C-311/18 Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems): not only was the Privacy Shield wiped out (the Decision on the adequacy of the protection provided by the EU-US Data Protection Shield was invalidated) but the ECJ, […]
On July 9, 2019, the European Court of Justice (CJEU) heard oral arguments on a landmark case concerning Facebook’s transfer of personal data from the EU to the US on the basis of the currently utilized “standard contractual clauses” (SCCs) mechanism. The CJEU’s decision — will have tangible consequences for businesses performing data transfers from […]
On October 3, 2017, the Irish High Court deemed that the Irish DPA has “well founded concerns” over US privacy surveillance of Facebook and is worried that there may not be an effective remedy in US law compatible with the fundamental EU data protection right to file a petition before an independent tribunal when EU […]
According to the Irish Data Protection Authority (DPA) the hearing before the Irish High Court brought by the DPA against Facebook Ireland Ltd and Mr Schrems over EU-US data transfers will possibly take another additional week (or two addition weeks) to conclude. More information on the case is available here. According to the available sources (see […]
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 […]
On May 25, 2016, Schrem’s website “Europe v Facebook” (website collecting information regarding class actions against Facebook) released a press update according to which the Irish Data Protection Commissioner may refer another issue to the Court of Justice of the European Union (ECJ) i.e., according to the website, whether “Facebook can continue to transfer data from the […]
Tags: DATA PROTECTION, INTERNATIONAL DATA PROTECTION, US PRIVACY
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 […]
Tags: DATA PROTECTION, INTERNATIONAL DATA PROTECTION, US PRIVACY
On February 3, 2016, Article 29 Working Party (WP29) met to discuss the consequences of the European Court of Justice’s ruling of October 6, 2015, which declared the old Safe Harbor framework invalid (see here for more information). WP29 welcomed the recent EU-U.S. announcement that the “Privacy Shield” will substitute the old “Safe Harbour” (see here). However, it […]
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 […]