EU Data Protection Laws

News & Analysis as of

Safe Harbor unverbindlich! EuGH zeigt im Datenschutz die Zähne

In seiner heute ergangenen Entscheidung (C-362/14) erklärt der EuGH, die Safe Harbor-Grundsätze bei der Datenübermittlung ins EU-Ausland seien für die nationalen Bundesdatenschutzbehörden unverbindlich. Die in der Praxis weit...more

ECJ Decision on Safe Harbor Framework Could Have Far Reaching Implications

A landmark decision is expected on Tuesday by the European Court of Justice (“ECJ”) on the validity of the EU-US Safe Harbor Framework as an adequacy mechanism for European companies to transfer personal information to U.S....more

Ground-breaking European Court Decision – US Safe Harbor Declared Invalid

Today, in a ground-breaking Decision, the Court of Justice of the European Union (CJEU) declared the US Safe Harbor scheme to be invalid, as well as confirming that individuals have the right to challenge any similar schemes...more

Alert: European Commission Extends Digital Single Market Strategy with Further Consultations

The European Commission's Digital Single Market (DSM) strategy is a wide-ranging initiative aimed at creating better access for consumers and businesses to digital services across Europe (for more details see this Cooley...more

Safe Harbor Decision today!

Today, the Court of Justice of the European Union (CJEU) handed down its ruling in relation to the Schrems case. As you will have heard, the Court decided that local DPAs should be entitled to investigate matters (regardless...more

Study reports draft EU Data Protection Regulation leaves gaps in protection when it comes to Big Data, Internet of Things and...

A study published 22 September 2015 criticises the EU’s development of its Digital Single Market (‘DSM’) strategy for being overly commercially and economically driven, with little attention to the key legal and social...more

EU-US Data Transfer Safe Harbor Invalid, Rules ECJ

In a decision that is sure to have wide implications for over 4,500 US companies doing business in Europe, the European Court of Justice has just ruled that the 15 year-old data sharing arrangement known as “Safe Harbor”...more

EU – US Safe Harbor Ruled Invalid

The global data protection community was issued a major blow early on Tuesday, October 6, 2015, when the Court of Justice of the European Union (“CJEU”) (the European Union’s highest court) declared the fifteen year old EU-US...more

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 by searching on...more

EU Top Court’s Safe Harbor Decision Invalidates Safe Harbor and Sends Facebook Case Back to Irish Data Protection Authority

The initial reports of the ECJ’s decision in the Schrems Safe Harbor case (C-362/14) indicate that the Court of Justice of the EU has declared Safe Harbor invalid and sent the case back to the Irish Data Protection Authority...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

EU U.S. Data Protection: The Safe Harbor Framework Under Attack

As a reaction to recent disclosures and revelations about the data collection and surveillance by the US government, the Safe Harbor permitting the transfer of personal information from the EU to the US is under attack, and...more

Is the Safe Harbor Framework Still Safe?

On October 6, 2015, the European Court of Justice (ECJ) will issue its decision in Schrems v. Data Protection Commissioner, Case C-362/14, which may invalidate the U.S.-EU Safe Harbor Framework. The Safe Harbor Framework...more

Cacophony in the E.U. About National Data Retention Laws

The European Commission made it clear on September 16, 2015, that the issue of whether to introduce national data retention laws is a national decision. The European Commission has no intention of going back on this statement...more

Privacy & Cybersecurity Update - September 2015

Adviser to European Court of Justice Says US-EU Safe Harbor Should Be Declared Invalid - An advisory opinion issued by the advocate general to the European Court of Justice states that the U.S.-EU Safe Harbor should be...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

European Court of Justice May Invalidate Safe Harbor Framework

In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more

EU–US Safe Harbor About to be Struck Down?

Thousands of U.S. and European companies who rely on the EU–US Safe Harbor Framework to permit the transfer of personal data from the EU to the U.S., have come a step closer to seeing the transfer mechanism struck down....more

The German Perspective: EU and U.S. Data Protection “Umbrella Agreement”

After over four years of negotiations, the European Union and the United States have agreed on a framework data protection agreement on 8 September 2015 (Umbrella Agreement). The Umbrella Agreement covers all personal data...more

EU Court Ruling on Safe Harbor Expected 6 October

Last week we blogged about the game-changing ECJ Advocate General recommendation that the court was to find the U.S.-EU Safe Harbor program invalid. It was anticipated that the court would not issue judgment for several...more

Court of Justice of the EU Decision on Safe Harbor Expected October 6

The European Court of Justice (ECJ) has announced that it will release its decision in the Schrems Safe Harbor case on Tuesday, October 6. It is highly unusual for the ECJ to issue a decision so quickly after publication of...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

Uncertainty for the U.S.-EU Safe Harbor Intensified by Non-Binding Recommendation for EU High Court Advisor

In a non-binding opinion issued on September 23, 2015, an Advocate General for the European Court of Justice (“ECJ”) recommended that the ECJ suspend the U.S.-EU Safe Harbor program (“Safe Harbor”) and reexamine whether the...more

Advocate General Of ECJ Rules EU Data Protection Authorities Can Investigate Complaints About Safe Harbor Programme

Data transfers can be suspended until investigation is complete. In Maximillian Schrems v. Data Protection Commissioner (case C-362/14), the Advocate General ruled that EU data protection authorities do have powers to...more

Privacy Monday, September 28, 2015: More on US-EU Safe Harbor — what’s next?

We will be following up our post last week regarding the latest US-EU Safe Harbor decision out of Europe with further analysis both from the Mintz Privacy team and our international network of privacy specialists. Our...more

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