Opt-Outs European Union

News & Analysis as of

UK Antitrust Class Actions Start to Get Going

Brussels Antitrust/Competition partner (and English lawyer) Matthew Hall brings us an update on antitrust class actions filed under new procedures in the UK. Antitrust class actions in the UK are beginning to take hold...more

EU-US Privacy Shield Framework Formally Adopted

On July 12, 2016, the European Commission formally adopted the Privacy Shield, a new transatlantic framework for the transfer of personal data from the European Union (EU) and certain countries of the European Economic Area...more

WilmerHale Privacy and Cybersecurity Law Blog - Comparison of Requirements Under the Privacy Shield/Safe Harbor Principles

Notice Requirements - The Privacy Shield notice requirements are more specific and detailed than what was required by the Safe Harbor regime. Safe Harbor required a privacy policy to provide information on data...more

Privacy Shield Finalized - How Everyone Can Take Advantage of the New European Data Transfer Framework

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

Dead Before the Ink is Dry? EU Approves Privacy Shield Text

After months of uncertainty, the U.S. again has a framework of rules to follow that will govern U.S. business’ use of EU residents’ data. The European Commission approved the text of the EU-U.S. Privacy Shield (the “Privacy...more

Unitary Patents, the Unified Patent Court, Opt-Out Timing, Pros and Cons

Regardless of the June 23, 2016 vote on Brexit, all owners of European patents, and all applicants seeking patents in Europe, will have both new options, and a new set of important decisions to make. Most commentators...more

The Future European Patent System: Update on the Latest News - Spring 2016

With the ninth Contracting State having ratified the EU Unified Patent Court Agreement, the commencement of the Unified Patent Court is approaching. We report on the latest news, including an announcement about opt-outs, and...more

Privacy Shield Update: A Recap of Recent Developments

On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework....more

Requirements for valid consent – Why opting-in should not be optional

The Düsseldorfer Kreis, a committee made up of representatives of German data protection authorities, recently published guidance on the requirements for obtaining valid consent to the collection, processing and use of...more

Privacy Shield Details Have Been Revealed: Here’s What Companies Need to Know

The European Commission has published its draft adequacy decision on the EU-U.S. Privacy Shield, the proposed data transfer framework that would replace the defunct Safe Harbor program. The draft adequacy decision formally...more

The Netherlands Returns as a Collective-Settlement Forum

Ageas (the former Fortis) and several organizations representing Fortis shareholders announced yesterday a EUR 1.204 billion settlement of shareholder claims under the Dutch Act on Collective Settlement of Mass Claims (the...more

Privacy Shield Details Released

As we previously reported, EU and US officials have reached an agreement to implement a program known as the EU-US Privacy Shield. The Privacy Shield is a successor to the US-EU Safe Harbor program, which was invalidated...more

News from Abroad: The UPC: to Opt Out or Not to Opt Out, That Is the Question

Did you know that in the Unified Patent Court (UPC) a patentee will be able to get an injunction covering a market much bigger than the entire USA, in a procedure that lasts no longer than a year, at a hearing which lasts a...more

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more

The Beginning of US Style Class Actions in the UK? The Risks Associated with Past and Future Anti-Competitive Behaviour Just...

On 1 October 2015 the UK introduced a new class action regime for breaches of competition law (specifically cartel conduct or abuse of dominant position) permitting collective proceedings for damages claims which will be...more

Now in force: Major amendments to the antitrust damages regime in the UK

The Consumer Rights Act 2015 (“CRA”) comes into force today, 1 October 2015. It introduces major reforms to the antitrust damages actions regime in the UK. In particular, the CRA broadens the type of cases that can be heard...more

Consumer Rights Act 2015: Private Actions for Breaches of Competition Law – Overview of the New Regime

The entry into force of the Consumer Rights Act 2015 (“CRA15”) on 1 October 2015 sees the overhaul of the private enforcement regime in England & Wales. The CRA15, which amends both the Competition Act 1998 and the Enterprise...more

EU Privacy Law May Require Individual Third Party Consent for Sale of Customer Email Lists

Parties to transactions involving personal data in Europe are well-advised to investigate whether individual consent or the offer of opt-outs are required to avoid the risk of fines and other sanctions imposed by the DPA or...more

European M+A News, Summer 2015

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

Finding Peace When Settling U.S. and EU Price-Fixing Claims

The great majority of private antitrust disputes are resolved through settlements. One of the key challenges for policymakers, practitioners, consumers and businesses is how to efficiently resolve cross-border price-fixing...more

Belgian Class Actions - The Final Stretch

The Belgian collective redress act (hereafter the Collective Redress Act) was signed into law just before the Easter break on 27 March 2014 and is expected to enter into force in the next couple of months (a royal decree...more

Poland - Cookies Served on a Tray. New Regulations on the Use of Cookie Files

Regulations in Poland relating to entities providing services electronically (meaning practically all entities running Internet websites) have been amended. These changes derive from the new provisions of the EU law, in...more

Private Actions in Competition Law: The UK Government announces "opt-out" class actions for private competition damages claims

On 20 March 2013, George Osborne delivered his Budget to Parliament. The Government announced that in summer 2013 it will proceed with several of the competition reforms outlined in its recent response to the Department for...more

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining "Opt-In" Consent

Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013. The law relates specifically to telecommunications companies, and therefore other sectors such...more

"UK’s Department of Business, Innovation and Skills Proceeds with Private Competition Action Reforms"

The U.K.’s Department of Business, Innovation and Skills (BIS) has issued a ‘government response’ or plan for reform indicating that the government will move forward with a number of substantial changes to the U.K.’s...more

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