European Court of Justice (ECJ)

News & Analysis as of

European Court Of Justice: Linking To Playboy Pics May Infringe Copyright

On September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies....more

Austrian Supreme Court Refers Schrems Consumer Class Action to ECJ

Just under a year ago today, the European Court of Justice (ECJ) issued its Schrems decision, which invalidated Safe Harbor and led to substantial developments in US-EU data-transfer mechanisms. In parallel to the ECJ Safe...more

’Privacy Shield’ Replacing Invalidated EU-US Safe Harbor Agreement is Open for Business, but Challenges to its Validity are...

The Safe Harbor agreement between the European Union and the United States permitted American businesses to import personal data of EU citizens based on self-certification of compliance with EU data protection principles....more

Which U.S. Businesses Must Comply with EU Data Protection Laws?

What the recent Amazon decision tells us - On 28 July 2016, the European Court of Justice rendered a decision in a dispute between an Austrian Consumer Protection organization known as VKI (Verein für...more

ECJ: No Discrimination Claims for Mock Applicants in Europe

Just in time for the 10th anniversary of the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG) the European Court of Justice (ECJ) has clarified that European anti-discrimination law does not...more

Dress Policy and Religious Discrimination

In Achbita v G4S Secure Solutions NV (Case C-157/15) and Bougnaoui v Micropole SA (Case C-188-15), two Advocate Generals (AG) of the European Court of Justice provided conflicting opinions when considering whether bans on...more

The Privacy Shield: September 30, 2016, Deadline for Early Self-Certification Offers Compliance Opportunity and Risk

The European Commission recently determined that the Privacy Shield Framework is adequate to legitimize data transfers under EU law, providing a replacement for the Safe Harbor program. The Privacy Shield is designed to...more

Receiving Data from Europe: The EU-US Privacy Shield

The European Union ("EU") recently announced that the new EU-US Privacy Shield Agreement ("Privacy Shield") is adequate to meet EU data privacy requirements and allow for the transfer of personal data from the EU to the US in...more

European Competition Law Newsletter – August 2016

Antitrust Liability for the Actions of Third Parties - It is a long-established principle that a company can be liable for the anti-competitive behavior of a third party. Compliance programmes and training, as well...more

Amazon Case Means EU B2C Website Terms May Need an Update

If you operate a website which does business with consumers based in the European Union, read on. In the recent case, Verein für Konsumenteninformation v Amazon EU Sàrl (28 July 2016), brought by Austrian consumer...more

German DPAs Will Not Be Able to Challenge Privacy Shield This Year

Even before the ECJ’s Schrems decision invalidated Safe Harbor, the European Commission had begun working closely with US negotiators to craft what has become the U.S.-EU Privacy Shield. While EU privacy leaders have noted...more

A Fragile Shield? Managing the Risks of EU-U.S. Data Transfer

Following European Commission adoption of the Privacy Shield on July 12, 2016, and with Privacy Shield self-certification poised to open for business organizations on August 1, 2016 as a replacement for the invalidated...more

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

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

EU-US Privacy Shield to Launch August 1, Replacing Safe Harbor

I. Introduction: Privacy Shield to Go Live August 1 (at Last) - The replacement for Safe Harbor is finally in effect, over nine months after Safe Harbor was struck down by the Court of Justice of the EU in the Schrems...more

Shield, Sword or Plough Ahead? Approval of New EU Privacy Shield Forces a Decision

When the European Court of Justice first invalidated the Safe Harbor we recommended here that, for most companies, staying the course by implementing general data security best practices was probably the right thing to do...more

EU and UK Sanctions Update: July 2016

Below is a summary of developments since our previous update in May, relating to European Union (“EU”) sanctions on Russia, Iran and other jurisdictions, the impact of Brexit on EU sanctions and recent changes with respect to...more

ECJ Ruling Opens Door To Withholding Tax Refunds

The European Court of Justice (ECJ), in the case of Brisal, has determined on 13 July 2016 that national law which prohibits a non-resident taxpayer from deducting financing/operating costs from interest withholding tax...more

A right in Germany to sell through online marketplaces?

On 18 July 2016, Germany moved another step closer to enshrining a right for distributors in selective distribution systems to sell over online marketplaces. This is not sudden move by the German courts, in fact we have...more

What You Need to Know About Privacy Shield: An Overview of the New Transatlantic Framework

On July 12, 2016, the European Commission (“Commission”) formally adopted and released the Privacy Shield Adequacy decision, which will allow certified U.S. companies to transfer EU personal data to the United States. The...more

At Long Last, US-EU Privacy Shield Adopted By EU Member States

Key takeaways: .. The Privacy Shield will now go into effect. .. The preliminary start date for companies to be certified under the Privacy Shield is August 1, 2016. .. Expect more challenges to the Privacy Shield...more

EU-US Data Protection: the Safe Harbor is dead, long live the Privacy Shield!

The European Commission adopted on July 12, 2016 its long-awaited decision recognizing the U.S. Privacy Shield as providing adequate protection for personal data of EU citizens transferred to the United States. The Privacy...more

EU-US Privacy Shield Approved

The EU-US Privacy Shield—successor to the invalidated Safe Harbor program for transatlantic transfers of EU personal data—was finally approved on July 12, 2016....more

Brexit: What You Need To Know - Litigation

As the intertwined laws of the UK and the EU are unravelled in the exit negotiations, changes to litigation seem inevitable. Contracts: At the moment the changes are unknown and in particular we do not know if any...more

Dress code banning Muslim headscarf justified?

In the case of Achbita and another v. G4S Secure Solutions NV [2016] CJEU C-157/15, the Advocate General has given her opinion on whether a private employer could prevent a female Muslim employee from wearing a headscarf at...more

Online Sales Restrictions Remain a Hot Topic: UK CMA Issues Statement of Objections

On 9 June 2016, the UK’s Competition and Markets Authority (CMA) issued a statement of objections (SO) to Ping Europe Limited (Ping), a golf equipment manufacturer, alleging that Ping had breached EU and UK competition law by...more

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