European Court of Justice

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

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

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

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

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

Key Employment Updates - October 2015

With summer now officially over, we set out below some important updates to be aware of as the ‘back to work’ period begins. Employers may be able to dismiss, lawfully, for derogatory comments made on social media - The...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

Safe Harbor Judgment to be Delivered October 6th!

Following up on our last post from last week, the Court of Justice of the European Union (CJEU), moving at almost breakneck speed, has announced that it will be deciding the legal status of the US-EU Safe Harbor Framework on...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

EU endorsement of Safe Harbor will be decided on October 6

Last week, (September 23, 2015), Advocate General Yves Bot (AG), an adviser to Europe’s highest court, issued a nonbinding opinion that the agreement between the EU and the U.S. for data transfers from the EU to the U.S....more

European Union Advocate General Calls For High Court to Rule U.S.-EU Data Sharing Program Invalid

In an opinion that has the potential to seriously disrupt how U.S. companies can share data from Europe, on September 23, Advocate General (AG) Yves Bot of the Court of Justice of the European Union (CJEU) declared that the...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 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

European Court of Justice Expands the Definition of Working Time

The European Court of Justice ("ECJ") recently issued a decision regarding the paid working time of certain mobile employees that will have a significant impact on companies with employees in the European Union. The ECJ's...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

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

That is SO last week - September 2015 #4

No matter how many times employment lawyers say that the ADA may require employers to provide more leave than the FMLA’s 12 week allotment, some just don’t get the message. Last week, the EEOC announced a $300,000 settlement...more

EU Court: Advocate General Opinion Finds Commission’s Safe Harbor Decision Invalid

The EU-US Safe Harbor Program, facilitating the exchange of personal data between the EU and the US, has been in the limelight in recent years as it is facing challenges that may shake the very core of its existence. In...more

Competition News September 2015

The French Macron law and the framework of commercial relations - Promulgated on August 6, 2015, the law to promote growth, activity and equal economic opportunity, known as the “Macron law”, provides for a series of...more

Notification of SVHCs in Finished Products

The European Court of Justice (ECJ) has recently handed down a landmark judgment which clarifies when the notification obligations under REACH relating to substances of very high concern (SVHCs) apply. REACH requires...more

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