Case Law & Court Rules

European Court of Justice — Joined cases C-141/12 and C-372/12, Judgment of 17 July 2014 Topic Data Protection – Directive 95/46/EC and definition of personal data The European Court of Justice provided further directions on the definition of personal data for the purposes of EU law. The ECJ ruled that the legal analysis contained in […]

For the first time after the ECJ’s decision of last May (“right to be forgotten” decision) a European court has condemned Google in a case concerning the “right to be forgotten”. On September 16, 2014, the TGI (Tribunal de Grande Instance) — court of first instance of general jurisdiction in Paris — issued a decision […]

On August 29, 2014, in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., the US District Court of the Southern District of New York, on request of the Government, lifted the stay of execution of an order requiring Microsoft Corp. to turn over a customer’s emails stored in […]

Plaintiff (Telemedicine Sol’ns LLC) and Defendant (Woundright Techs, LLC) are two companies in the same industry. Plaintiff (Illinois resident) wanted to drag the non-Illinois Defendant into federal court in Illinois even if Defendant had no physical contacts with that jurisdiction. For the Plaintiff, Defendant’s minimum contacts with Illinois consisted of the fact that Defendant maintained a website visible in Illinois, used social media […]

Irish High Court, Case 2013 765 JR, June 18, 2014 On June 18, 2014, the Irish High Court referred to the EU Court of Justice a number of questions concerning the application of the Safe Harbor principles regarding cross-border transfer of private data, the key issue being whether national judges are “absolutely bound” by a […]

July 9, 2014 We would like to alert you of the latest legislative changes amending significantly the Russian personal data legal landscape. The draft law No. № 553424-6 introducing amendments to the Federal Law “On personal data” and to the Federal Law “On information, information technologies and protection of information” (hereinafter – “Law”) has passed […]

Larry Page, Google’s chief executive, warned ECJ’s ” ‘right to be forgotten’ ruling risks empowering repressive governments and their control of the internet”. More information at http://www.theguardian… Follow us on& Like us on    

On May 13, 2014, the European Court of Justice (ECJ) in the Google Spain SL, Google Inc. v Agencia Española de Protección de Datos (AEPD) — Case C 131-12, issued a preliminary ruling (i.e. an interpretation decision) on referral of the Spanish Audiencia Nacional (National High Court). The ECJ found that a search engine’s retrieval […]

  The Court of Justice of the European Union (“ECJ”) held that the owner of a website may — without copyright holders’ authorization – redirect internet users (via hyperlinks) to protected works available on another freely accessible website. Case C‑466/12 Nils Svensson and Others v Retriever Sverige AB. A Swedish website published a list of […]

On April 8, 2014 the European Court of Justice declared invalid Directive 2006/24/EC (“Data Retention Directive”) on the retention of data generated or processed in connection with the provision of publicly available electronic communications or public communications networks. The directive establishes that providers must retain traffic and location data as well as related data necessary […]