European Court of Justice (ECJ)

News & Analysis as of

EU-U.S. Privacy Shield Framework Agreement Reached - Replaces Safe Harbor Agreement

On February 2, 2016, The European Commission (EC) and the U.S. Department of Commerce (Commerce) reached a deal on a new transatlantic data-transfer pact to replace the 15-year-old Safe Harbor agreement. The European Court of...more

Do the Restrictions on Advertising with Nutrition and Health Claims also Apply to Communications Addressed Exclusively to Health...

The Court of Justice of the European Union (ECJ) will soon decide on the issue of whether the restrictions on promoting foodstuffs with nutrition and health claims also apply to communications addressed exclusively to health...more

Proposal of EU-US Privacy Shield Leaves Businesses in State of Uncertainty

Earlier this week, the European Commission announced that a “political” agreement has been reached on a new framework for data flows from the EU to the US. The announcement highlights a few changes from the old Safe Harbor...more

Safe Harbor is dead, long live Safe Harbor!

News broke late February 2, 2016 that the United States and the European Union Commission have agreed upon a revised and updated version of the U.S.-EU Safe Harbor, providing a new framework for transfers of personal data...more

Safe Harbor 2.0 Agreement Reached; New Program to be Named “Privacy Shield”

On February 2, 2016, the European Commission announced that EU and US officials had reached an agreement to implement a program known as the EU-US Privacy Shield. Privacy Shield is designed to be the successor to the Safe...more

Tentative Agreement on New “Privacy Shield” Framework for Transatlantic Data Flows Reached

On February 2, the United States and the European Commission reached tentative agreement on a new framework for the transfer of personal data between the European Union and the United States called the EU-U.S. Privacy Shield....more

US and EU Reach a Deal to Save Safe Harbor

United States and European Union officials have reached a last-minute agreement in an attempt to salvage the US-EU Data Transfer Safe Harbor, nearly four months after the European Court of Justice issued an opinion...more

EU-US Privacy Shield to Replace Safe Harbor

A new personal data transfer agreement was announced on February 3, 2016 between EU and US authorities: the EU-US Privacy Shield will replace the invalidated Safe Harbor programme. Since the landmark decision of the...more

European Commission and United States Agree to New Framework for Transatlantic Data Flows

On Feb. 2, the European Commission and the United States announced an agreement on a new framework for transatlantic data flows. The EU-US Privacy Shield will replace the Safe Harbor framework that was invalidated by the...more

There's Light at the End of the EU Safe Harbor Tunnel, and It's (Probably) Not an Oncoming Train - M&E Alert

It’s been four long and confusing months since the European Court of Justice (“ECJ”) invalidated the EU-US Safe Harbor Framework on which so many companies relied for transferring data out of the EU and Switzerland and,...more

Safe Harbor re-launched as the "EU-U.S. Privacy Shield" – but doubts are already raised that it will live to survive a battle

Following speculation that protracted negotiations had been in vain, an agreement on Safe Harbor has apparently been reached. Dubbed the “EU-U.S. Privacy Shield”, the regime will, subject to approval processes, replace the...more

Court of Justice of the European Union: Ruling on Package Design of Foodstuffs (Teekanne Felix)

By judgment of June 4, 2014, Case C-195/14, the Court of Justice of the European Union (ECJ) ruled that it is unlawful to use a package design for a fruit tea that gives the impression that an ingredient is present, when it...more

Political Agreement Reached on US-EU Safe Harbor; Details “Hazy”

According to press reports, European Union and U.S. negotiators in Brussels finalized what is being called a “political agreement” on a new Safe Harbor transatlantic data transfer agreement. European Union justice...more

Farewell ‘Safe Harbor,’ Hello ‘Privacy Shield’: Europe and U.S. Agree on New Rules for Transatlantic Data Transfer

After intense negotiations, and after the official deadline had passed on Sunday, 31 January 2016, the United States and the European Union have finally agreed on a new set of rules—the “EU-U.S. Privacy Shield”—for data...more

EU Commission and United States agree on new framework for transatlantic data flows: EU-US Privacy Shield

What follows below is the EU’s press release regarding the agreement on a replacement for the EU-US Safe Harbor. We are working to get details and will schedule a webinar on the new framework shortly....more

Opinion of Prof. Lokke Moerel of Morrison & Foerster on the impact of the ECJ Safe Harbor Decision on the alternative transfer...

Crucial decision by Working Party 29 expected February 3, 2016 on validity of Standard Contractual Clauses and Binding Corporate Rules for data transfers to U.S. Following the judgement of the European Court of Justice...more

European Life Sciences Review: Issue 1

Welcome to the first issue of our EU Life Sciences Review . It is produced by our life sciences lawyers in London, Brussels, Frankfurt, Moscow, and Paris and covers some of the most critical developments in the pharmaceutical...more

European Competition Law Newsletter – February 2016

First Fast-Track Competition Claim at UK Competition Appeal Tribunal - On 17 December 2015, the first fast-track competition claim was filed before the UK Competition Appeal Tribunal (CAT) under new rules brought into...more

The EU Court of Justice Brings to an End Odile Jacob’s Fight Against Lagardère’s Purchase of Vivendi Universal Publishing

By its judgment of 28 January 2016 (C-514/14 P, Editions Odile Jacob SAS v Commission), the European Court of Justice (Court) upheld the General Court of the European Union’s (GCEU) ruling with respect to each of the grounds...more

(So) What if there’s no Safe Harbor 2.0?

There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially...more

General Court of the EU Upholds Cartel Fines of €131 Million Imposed on Toshiba and Mitsubishi Electric, Dismisses Arguments Based...

By two judgments of January 19, 2015 (Case T-404/12 Toshiba v. Commission and Case T-409/12 Mitsubishi Electric v. Commission), the General Court of the European Union (GCEU) upheld the fines of €131 million imposed by the...more

IRS Publishes Guidance for RICs that Receive Foreign Tax Credit Refunds

IRS announces the issuance of new regulations that will provide relief for certain regulated investment companies that receive foreign tax refunds by either netting the refund against foreign taxes paid in the year of the...more

Current State of “Safe Harbor 2.0” And Steps Your Business May Need to Take

Last year, the European Court of Justice issued a judgment invalidating the safe harbor framework for US-EU data sharing, creating uncertainty and a number of questions about what is, and is not, permissible when sharing data...more

If Safe Harbor is dead in the water, what does that mean for you?

The invalidation of the EU-U.S. Safe Harbor framework in October 2015 has created uncertainty for businesses that were reliant on the regime to transfer data to the United States, and has caused political shockwaves on both...more

EU and National Leniency Applications Independent Rules ECJ

On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the relationship between EU and national member state leniency applications...more

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