News & Analysis as of

Data Controller European Court of Justice (ECJ)

Ius Laboris

Employers liable for employees’ GDPR errors

Ius Laboris on

A recent judgment of the European Court of Justice (ECJ) sheds light on the question of whether a data controller can be exempted from liability for the error of a person acting under its authority....more

Skadden, Arps, Slate, Meagher & Flom LLP

Data Protection Rulings by European Regulators Offer Insights Into Their Security Expectations

Valuable insights into the measures European regulators expect businesses to take to protect data privacy can be found in a report from the European Data Protection Board (EDPB) summarizing decisions under the EU’s General...more

White & Case LLP

Compensating non-material damages based on Article 82 GDPR – is there a de minimis threshold?

White & Case LLP on

Germany's Federal Constitutional Court holds that the question should be referred to the European Court of Justice - Is a data subject entitled to compensation from a controller or processor if the data subject's GDPR...more

Society of Corporate Compliance and Ethics...

European Court of Justice rules on right to be forgotten

Report on Supply Chain Compliance 2, no. 20 (Oct. 24, 2019) - The right to be forgotten is a statutory right under the GDPR, and since the implementation of that regulation in May 2018, there have been several requests for...more

BCLP

GDPR Privacy FAQs: Are joint controllers jointly and severally liable for each other’s actions?

BCLP on

It is not clear at this point whether joint and several liability attaches to the actions of joint controllers. The GDPR states that a data subject “may exercise his or her rights under this Regulation in respect of and...more

Alston & Bird

FashionID: Another Big ECJ Facebook Case with Implications for the Entire Ad-Supported Internet

Alston & Bird on

On July 29, 2019, the European Court of Justice (“ECJ”) issued its decision in the case of FashionID GmbH & Co. KG v. Verbraucherzentrale NRW.  The ECJ found that websites that integrate Facebook plugins are jointly...more

Morgan Lewis

European Court of Justice Sheds Light on Who Is a ‘Data Controller’ Under GDPR

Morgan Lewis on

The European Court of Justice (ECJ) in Luxembourg rendered a judgment on July 12 that explains, among other things, what a (joint) data controller is. The judgment is on the “old” EU Data Protection Directive 95/46/EC, but...more

BCLP

A Side-By-Side Comparison of “Privacy Shield” and the Controller-Controller Model Clauses: The Easiest Way to Understand What...

BCLP on

The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for the national data-protection laws in each EU member state. The Directive states that personal data may only be transferred to...more

McGuireWoods LLP

Safe Harbor Invalidated by the CJEU; Are There Other Solutions for Transatlantic Transfers?

McGuireWoods LLP on

After the October 6, 2015, decision of the CJEU, it is clear that transfers of personal data may no longer take place under the Safe Harbor. This was confirmed with no ambiguity by the Article 29 Working Party (Group 29,...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #3

With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more

Goodwin

Court Invalidates US-EU Data Transfer Safe Harbor Program

Goodwin on

The European Union’s highest court has, effective immediately, invalidated the US-EU Safe Harbor program relied upon by many companies as the basis for lawfully transferring and processing personal information from the EU to...more

Mintz - Privacy & Cybersecurity Viewpoints

Safe Harbor Invalidated – What’s Next on the Chopping Block?

As I reported earlier today, the Court of Justice of the EU (ECJ) has declared Safe Harbor invalid. The full decision is now available online in English (other languages also available at curia.europa.eu by searching on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Data Privacy Law in the UK, Part I: An Introduction for U.S. Employers

The recent high-profile decision by the European Court of Justice involving Google has highlighted the existence of stringent data privacy laws in the European Union (EU). However, although the Google decision was...more

Perkins Coie

In Right to Be Forgotten Proceedings, Who Represents the Public Interest?

Perkins Coie on

In its newly published Fact Sheet on the Right to Be Forgotten, the European Commission has tried to dampen the negative reaction to the European Court of Justice (ECJ) Right to Be Forgotten decision by noting that the right...more

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