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Economic Freedom, “Hong Kong Style”: Respecting Privacy And Ensuring Companies Can Resolve Disputes Efficiently

Hong Kong has always been known for its economic freedom. However, that economic freedom needs rules and protections to operate on a day-to-day basis. Recently, Hong Kong has taken bold steps forward with new rules and...more

Lawyer Sues DDTC Over "Public Domain"

A New York City attorney is suing the U.S. State Department over a proposed change to the International Traffic in Arms Regulations (ITAR). The change pertains to how the regulations define “public domain,” and, if...more

How invalidation of EU-U.S. Safe Harbor framework may affect U.S. companies

It’s very unusual for a decision of a foreign court on a technical subject such as data transfer to make headlines in the United States, but an October ruling by the Court of Justice of the European Union, Europe’s highest...more

Weltimmo v Hungarian DPA: Landmark Verdict on the Meaning of “Established”

In the case of Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság, the Court of Justice of the European Union (“CJEU”) handed down a landmark judgment in October 2015 on data protection legislation, tackling...more

The Land of the Rising Sun—and Rising Data Protection Requirements

Between January 2016 and September 2017, a series of amendments to Japan’s Act on the Protection of Personal Information (APPI) will go into effect. The amendments, which were promulgated in September 2015, are the first...more

U.S.-EU Safe Harbor Framework for Data Sharing

Exactly one month after the Court of Justice of the European Union (CJEU) released its judgment in Maximillian Schrems v Data Protection Commissioner (C-362-14), the European Union released a Communication discussing the...more

Safe Harbor Not Binding! European Court of Justice Bares Its Teeth

In its decision on October 6, 2015 (file-no. C-362/14), the European Court of Justice (ECJ) stated that the commonly used Safe Harbor Principles, which were previously deemed to be a safe way to legally transfer data to the...more

Privacy Law, Cross-Border Data Flows, and the Trans-Pacific Partnership Agreement: What Counsel Need to Know

Privacy law has become such a hot-button issue that it now finds its way into multilateral trade treaties like the Trans-Pacific Partnership Agreement (TPP or Agreement). On November 5, 2015, the U.S. Trade Representative...more

The Supreme Court Preview, Part III: A Couple Spare Parts

While the Court’s review of bedrock principles of class action litigation and the continuing struggle to enforce arbitration clauses in the face of hostile state law are two important topics to watch, they are not the only...more

Top EU Court’s Ruling Subjects Companies Doing Business Across Europe To “New Sanctions” in Potentially Unfamiliar Jurisdictions

The Court of Justice of the European Union (CJEU) has been very busy in recent weeks re-shaping EU privacy laws. In addition to the much-anticipated decision in “Schrems” (Case C-362/14), which essentially rules the US-EU...more

Irish High Court Quashes Irish Data Protection Commission's Original Schrems Decision

On October 20, 2015, the Irish High Court ordered the Irish Data Protection Commissioner (DPC) to investigate Facebook’s European data privacy practices, bringing Max Schrems’ three-year fight full circle. The Court quashed...more

The FTC’s Broad Authority and FTC v. Wyndham: Thinking about the Future of Data Privacy Regulations

What makes data privacy law interesting for academics, challenging for lawyers, and frustrating for businesses its shape-shifting structure in the face of rapidly changing technology. The recent change in the invalidation of...more

Another day…another set-back for Europe’s plans for a single market

Plans for a single market have been delivered yet another blow, this time as a result of an ECJ preliminary ruling against a relatively unknown Slovakian company. The court ruled in Weltimmo SRO v. Nemzeti Adatvedelmi es...more

Safe Harbor No More: The Everchanging Landscape of Data on the Digital Frontier

Justice in unincorporated territory is often made up of unwritten codes and gentlemen’s agreements focused on individual freedoms and laissez faire trade. But once the space is populated and providing cash flow, and the need...more

Safe Harbor Invalidated

Last Tuesday, the European Court of Justice (ECJ) invalidated the US-EU Safe Harbor framework in Schrems v. Data Protection Commissioner. The Safe Harbor provided companies with a self-certification process through the US...more

New Ground-Breaking CJEU Decision On Applicable Data Protection Law

After the controversial Google vs. Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

European Court of Justice Invalidates E.U. – U.S. Safe Harbor Framework

On October 6, 2015, the European Union’s Court of Justice (the “ECJ”) invalidated the E.U. – U.S. Safe Harbor Framework (the “Safe Harbor”) — a data transfer arrangement upon which thousands of U.S. based companies have...more

European Court of Justice Strikes Down Safe Harbor

In a momentous judgment, the European Court of Justice (“ECJ”) today invalidated the European Commission’s decision establishing the E.U.-US Safe Harbor for transfers of personal data (“Safe Harbor Decision”). The ruling was...more

Safe Harbor – Not so Safe After Schrems

Today the European Court of Justice (“ECJ”) issued its Judgment in the Schrems case, and in doing so, added another tremor to the ongoing seismic shift related to cross-border privacy law. ...more

US-EU Safe Harbor Invalidated: What Now?

On October 6, 2015, the European Court of Justice (CJEU) invalidated the US-EU Safe Harbor framework, effective immediately. This momentous decision jeopardizes the continued flow of data from Europe to the US. As the Safe...more

Now What? Europe’s High Court Sinks the U.S. – EU Safe Harbor Data Transfer Program

Life just got a lot more confusing, complicated and expensive for organizations that transmit personal data to the United States from the European Union (EU) under the frequently-used U.S. – EU Safe Harbor program. Why?...more

Europe's Highest Court Invalidates U.S.-EU Safe Harbor Regime

The European Court of Justice (ECJ) today invalidated the transatlantic Safe Harbor Regime that permits U.S. companies to transfer consumers’ and employees’ personal data from Europe to the United States under a presumed...more

Data Protection: EU-US Safe Harbor declared invalid by EU court

In our recent update, we reported that the Advocate General (“AG”) to the Court of Justice of the European Union (“CJEU”), the highest court in the EU, gave an opinion that “safe harbor” should be declared invalid and that...more

Google and the Right to be Forgotten: The French Data Protection Authority Takes the Matter Further

On June 12, 2015 the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL) issued a notice ordering Google to draw all the consequences of the CJEU May 13, 2014 ruling and to apply...more

Is Safe Harbor Still Safe? U.S. Companies Face Challenges Ahead on the EU Privacy Horizon

Pursuant to European Commission Decision 2000/520, United States–based companies may freely process the personal data of European Union citizens, provided that those companies adhere to the principles and frequently asked...more

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