News & Analysis as of September 18, 2024

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

EU Top Court Sheds Light on Untested Crossroads Between Competition and Privacy Law

McDermott Will & Emery on 7/12/2023

On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...more

The Schrems Saga Continues: EU Data Protection Authorities May Be Ready To Strike Down Yet Another EU-U.S. Data Transfer Mechanism

Vinson & Elkins LLP on 5/20/2021

Pathways for U.S. companies to transfer personal data out of the European Union have been repeatedly blocked by EU authorities concerned by what they perceive as gaps in data protection under U.S. laws. Schrems I invalidated...more

CJEU: Website operators are "jointly responsible" for embedding social media or 3rd party code

Spirit Legal on 10/14/2020

Website and app operators are jointly liable with Facebook for violations of European data protection law - In its judgment of 29 July 2019 (ref.C-40/17), the European Court of Justice has ruled on two essential points...more

Irish Data Case Against Facebook Could Complicate All Data Transfers to the US

Womble Bond Dickinson on 9/17/2020

Will the EU finally deny the right to transfer any personal data from its shores to the United States? Its privacy decisions have been inching closer to this determination for years, and an Irish case against Facebook may tip...more

European Court of Justice Rules US Privacy Shield Invalid

WilmerHale on 8/13/2020

On 16 July 2020, the Court of Justice of the European Union (CJEU) issued a judgment in Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (Case C-311/18, “Schrems II”) ruling that the Privacy Shield...more

CJEU Schrems II Case Ruling Invalidates EU-U.S. Privacy Shield Framework; Upholds Standard Contractual Clauses Validity (With...

Miles & Stockbridge P.C. on 7/24/2020

The Court of Justice of the European Union (CJEU), the EU's highest court, declared on July 16, 2020, that the EU-U.S. Privacy Shield framework for the transfer of personal data from the EU into the United States is invalid....more

Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver...

Sheppard Mullin Richter & Hampton LLP on 7/23/2020

There is a lot currently happening in the European Union. From the latest European Court opinions with respect to merger clearance, dominance violations, data protection and state aid to Brexit, we’re checking in with our...more

Schrems II: Privacy Shield invalidated and Standard Contractual Clauses under scrutiny

Hogan Lovells on 7/17/2020

The Court of Justice of the European Union today invalidated the EU-US Privacy Shield and called into question the extent to which EU data exporters could rely on the European Commission’s Standard Contractual Clauses for...more

U.S.-EU Privacy Shield Invalidated by CJEU

Polsinelli on 7/17/2020

Yesterday, the Court of Justice of the EU (“CJEU”) issued a judgment with two important outcomes: (1) invalidation of the U.S.-EU Privacy Shield as a basis for transfers of personal data from the EU to the U.S.; and (2)...more

CJEU Invalidates EU-US Privacy Shield Framework

Seyfarth Shaw LLP on 7/17/2020

Yesterday, the Court of Justice of the EU has handed down its judgment in the highly-anticipated Facebook Ireland case (aka Schrems II) and invalidated the Privacy Shield Decision. For those of you who have followed this...more

EU-US data transfers dealt a setback – Privacy Shield struck down by EU’s highest court and SCCs subject to more scrutiny

BCLP on 7/17/2020

The judgment by the Court of Justice of the European Union (CJEU) in the case known as “Schrems II” has far-reaching impact for businesses looking to ensure continuity of personal data flows between the EU and the US and...more

CJEU Invalidates EU-US Privacy Shield

Latham & Watkins LLP on 7/17/2020

A ruling by the EU’s top court invalidates the key mechanism for transferring personal data from the EU to the US and imposes additional conditions for use of the standard contractual clauses. On 16 July 2020, the Court of...more

Shielded No Longer: Top EU Court Invalidates Privacy Shield Framework and Clarifies Use of Standard Contractual Clauses as Bases...

Shook, Hardy & Bacon L.L.P. on 7/17/2020

Shielded No Longer: Top EU Court Invalidates Privacy Shield Framework and Clarifies Use of Standard Contractual Clauses as Bases for EU-U.S. Data Transfers - Yesterday, the Court of Justice of the European Union (CJEU)...more

Schrems II Decision: Immediate Considerations for U.S. Businesses

Manatt, Phelps & Phillips, LLP on 7/17/2020

Key Takeaways: - EU-U.S. Privacy Shield Framework invalidated - Standard Contractual Clauses governing transfers between controllers and processors upheld, but arguably may not be valid on their face without additional...more

Like Incorporating Facebook into your Website? EU Decision Raises New Issues

Brooks Pierce on 8/25/2019

A ruling by the highest court in the European Union regarding the common practice of putting a Facebook “Like” button on a website could have repercussions for American companies doing business overseas. In late July, the...more

Use a Third-Party Platform? You Might Be a “Data Controller”

Perkins Coie on 6/12/2018

The European Union’s top court ruled last week that the operator of a Facebook fan page is a “joint controller,” along with Facebook, with respect to personal data collected on such pages. The decision has implications for...more

GDPR—Collective Actions Under the Privacy Banner

Wilson Sonsini Goodrich & Rosati on 3/28/2018

As application of the European Union’s (EU’s) General Data Protection Regulation (GDPR) quickly approaches, the enforcement authority of the European data protection authorities (DPAs) is rightfully on everyone’s mind. The...more

First views from the CJEU on how to build a consumer collective action in the Schrems v Facebook Ireland case: The concept of...

Hogan Lovells on 2/7/2018

The famous case brought by Maximilian Schrems against Facebook Ireland in Austria, aimed to become an international and large data protection class action, led on 25 January 2018 to a ruling from the CJEU on two main...more

European Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

Wilson Sonsini Goodrich & Rosati on 2/1/2018

In yet another round of Schrems versus Facebook, on January 25, 2018, the Court of Justice of the European Union (CJEU) ruled that privacy activist Max Schrems is a consumer with regard to his Facebook profile despite his...more

Schrems Redux: What's the Future for Transatlantic Data Transfers?

BCLP on 10/9/2017

What Now? With its decision on Tuesday 3 October 2017 referring a preliminary question on the validity of the European Union’s “standard contractual clauses” (“SCC”) regime to the Court of Justice of the European Union...more

Will the EU box itself in? Fate of Standard Contractual Clauses (aka the Model Clauses) for personal data transfers is now in the...

Mintz - Privacy & Cybersecurity Viewpoints on 10/4/2017

Executive summary: The EU’s standard contractual clauses may be on the fast track to invalidation, putting a vast number of personal data transfers from the EEA at risk. A case brought by Maximilian Schrems (whose first...more

Irish High Court Refers Facebook’s Data Case to the European Court of Justice

Alston & Bird on 10/4/2017

In what it considered “an unusual case”, the Irish High Court has referred the issue of the way data is transferred between the EU and countries outside the EU to the Court of Justice of the European Union (“CJEU”). Ms....more

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