Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
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 fact that the European Commission (EC) classified resale price maintenance as a hardcore restriction under its Vertical Block Exemption Regulation does not mean that it automatically violates EU competition law as a "by...more
The European Court of Justice has issued two important decisions interpreting the European Union’s General Data Protection Regulation. One addresses the right to compensation for GDPR violations, and the other addresses the...more
As we’ve written about before, the question of anonymization can be tricky. When is something “anonymized” or merely “de-identified” or “pseudonymous” — and when does it matter? This is a particularly fraught issue under...more
It is, by now, well known that not taking data protection seriously can prove costly for organizations. Since the introduction of the European General Data Protection Regulation (the "GDPR") in 2018, non-GDPR-compliant...more
The GDPR allows individuals to request information about the “recipients or categories of recipients” to whom their personal data has been disclosed. In a recent ruling, the EU’s Court of Justice said data subjects get to...more
On April 28, 2022, the German telecoms regulator Bundesnetzagentur (BNetzA) banned the zero-rating programs of two of the country’s largest cellular providers. A statement released by BNetzA called out Deutsche Telekom’s...more
On 25 March 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the U.S. and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for...more
Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final -...more
On July 7, the Court of Justice of the European Union (ECJ) invalidated the EU-US Privacy Shield framework in its ruling in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Case C-311/18). More than...more
The Court of Justice of the European Union (CJEU) sent shockwaves through the privacy community last week. As Jonathan Armstrong of Cordery explains in this podcast, it put an effective end to the Privacy Shield because of...more
The Court of Justice of the European Union (CJEU) Invalidates the EU-U.S. Privacy Shield- On July 16, 2020, the CJEU invalidated the EU-U.S. Privacy Shield (the Privacy Shield) in its decision in Facebook Ireland v. Schrems...more
We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more
On 16 January 2019, the Court of Justice of the European Union (CJEU) dismissed the appeal by the European Commission (Commission) against the 2017 judgment of the General Court of the European Union (GCEU). This annuls the...more
In principle, patents confer protection for a maximum of 20 years. In Europe, however, the patent terms for pharmaceutical products that meet the conditions necessary for supplementary protection certificates (“SPC”) can be...more
The Ruling: On March 6, 2018, the Court of Justice of the European Union ("CJEU") issued a judgment in the Achmea v. Slovakia case on whether the investor–state arbitration provision in the Netherlands–Slovakia Bilateral...more
CJEU ruling on the incompatibility of a BIT provision with EU law may have implications for existing intra-EU BITs. Key Points: ..The CJEU’s decision differs from Advocate-General Melchior Wathelet’s 2017 Opinion and...more
6 March 2018, the Court of Justice of the European Union (the “CJEU”) rendered a judgment in the case of the Slovak Republic v Achmea B.V., C-284/16 (the “Achmeajudgment”). The CJEU declared that "Articles 267 and 344 TFEU...more
It is settled law that the fact that a subsidiary has separate legal personality is not sufficient to exclude the possibility of its anti-competitive conduct being imputed to the parent company. The European Court of Justice...more
September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more