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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A Tale of Two Data Privacy Actions: What Constitutes Harm in the US and EU?

The vast difference between the views of privacy held in the US and in the EU is illustrated by the divergent paths of two prominent data privacy actions.  In the EU, the action was brought by Max Schrems as a complaint before the Irish Data Protection Commissioner, claiming that Facebook’s transfer of user data to […]

FTC and European DPAs discuss ways to improve privacy protection at the 2015 Amsterdam Privacy Conference

On October 23, 2015, FTC Commissioner Julie Brill gave the keynote at the Amsterdam Privacy Conference. According to her talk, the EU Court of Justice (ECJ) recent decision to hold Safe Harbour decision invalid (see here)  is an opportunity to improve privacy laws on both sides of the Atlantic. The ECJ decision highlighted “the need to have an […]

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Irish Data Protection Commissioner to evaluate whether Facebook’s data transfer to the US complies with EU privacy rules

On October 20, 2015, the Irish Data Protection Commission declared that it will proceed to investigate the substance of the complaint brought by Schrems against Facebook “with all due diligence” after the European Court of Justice held the Safe Harbor Decision invalid. The investigation will commence under section 10 of the Irish Data Protection Act and it […]

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Gayle McFarlane, and Andre Bywater, European Court Weltimmo ruling on the jurisdiction of data protection regulators

What is this case about? This case is a ruling from the European Court of Justice (Case C-230/14 of 1 October 2015) about the ability of national EU Member State data protection regulators to deal with matters involving organisations situated beyond their borders. What is the background to this case? A Slovakian registered company called […]

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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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Stefano Cancarini, and Flavia Messina, Safe Harbour repealed: first impressions on the transfer of data protection to the United States

The Court of Justice of the European Union on October 6, 2015 released an important decision ruling the transfer of personal data from the European Union to the United States, consistent with the opinion by Advocate General, Yves Bot, of September 23, 2015. The ruling repealed the Decision 2000/520 of the European Commission that had […]

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Safe Harbour Decision is invalid, the ECJ holds

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 […]

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EU data protection jurisdiction may be triggered by the physical presence of one worker, Advocate General opines in Weltimmo case

On June 25, 2015, the advocate general of the Court of Justice of the European Union (“ECJ”) filed his opinion in the case 230/14, Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság (“Weltimmo”). According to the Advocate General, in order to determine which EU data protection law applies, authorities shall consider where the companies’ activity […]

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