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 […]
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 […]
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 […]
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 […]
Tags: DATA PROTECTION, INTERNATIONAL DATA PROTECTION, US PRIVACY
On July 9, 2019, the Court of Justice of the European Union 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. See here for more info. The oral hearing took place in front […]
On March 25, 2019, Vienna’s higher Regional Court (Oberlandesgericht Wien) ruled that “every citizen can not only file a complaint with the data protection authority, but also submit a lawsuit in courts.” See here. The claims is complicated and concerns Facebook’s breach of EU privacy laws. See here for more info. The admissibility of […]
On October 16, 2017, the U.S. Supreme Court accepted the U.S. government’s request to review a previous appeals court ruling in favor of Microsoft, preserving service providers from surrendering information stored abroad. The U.S.’s highest court had to decide if companies have a right to refuse to comply with data disclosure demands made by […]
The Advocate General (AG) of the Court of Justice of the European Union (ECJ) opined on the right to be forgotten in companies’ registers: no right to be forgotten there. In case C-393/15, the Corte di Cassazione (the Italian Supreme Court) asked the ECJ to clarify the right of individuals to be forgotten, to have their […]
On June 13, 2016, Schrem’s website “Europe v Facebook”(website collecting information regarding class actions against Facebook) released a press update according to which the United States government asked the Irish High Court to join as amicus curiae in the case between Max Schrems and Facebook. “The US government likely wants to defend its surveillance laws before the European […]
On July 12, 2016, the European Commission officially approved the Privacy Shield, issuing the decision of adequacy (“Decision”). The Privacy Shield is supposed to provide a safe mechanism to transfer personal data from the EU to the US for those organizations that comply with the framework. Compared to the Safe Harbor (which the Privacy Shield […]