News & Analysis as of September 23, 2024

European Court of Justice (ECJ)

+ Follow

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Employer Considerations for Responding to Right of Access Requests Under Article 15 of the GDPR

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/5/2024

In 2023, the European Court of Justice (ECJ) clarified the limits of applicants’ right of access requests under Article 15 of the European Union’s General Data Protection Regulation (GDPR) in landmark decisions with...more

Mobility@McDermott: Monthly Update (11/2023)

McDermott Will & Emery on 12/4/2023

1. Proposal for EU directive for right to repair no longer covering motor vehicles - The European Parliament’s Internal Market and Consumer Protection Committee has voted on a draft report on the proposed EU directive...more

Client Alert: European Commission’s Adequacy Decision Sets Standards for US Companies to Receive Personal Data from EU Under the...

Neal, Gerber & Eisenberg LLP on 7/13/2023

On July 10, 2023, the European Commission concluded that the US ensures an adequate level of protection for personal data transferred from the European Union to US companies under the new EU-US Data Privacy Framework. Based...more

Anonymization and the GDPR – Clarity from the European Courts? Not so Fast!

Foley Hoag LLP - Security, Privacy and the... on 5/19/2023

As we’ve written about before, the question of anonymization can be tricky. When is something “anonymized” or merely “de-identified” or “pseudonymous” — and when does it matter? This is a particularly fraught issue under...more

Lösungsansätze für grenzüberschreitende Datentransfers nach dem Schrems II-Urteil des EuGH

Latham & Watkins LLP on 8/17/2020

Fragen, Antworten und Praxistipps zum weiteren Einsatz von Standardvertragsklauseln - Der Europäische Gerichtshof (EuGH) hat mit seinem Urteil vom 16. Juli 2020, Rechtssache C-311/18 („Schrems II“) die Rahmenbedingungen...more

Privacy Shield Invalidated by European Union Court of Justice

Jackson Walker on 7/17/2020

The Privacy Shield framework, which thousands of companies located in the United States have relied upon to receive transfers of personal data from the European Union, the United Kingdom, and Switzerland, has been invalidated...more

Schrems 2.0: AG Opines That Data Transfers to U.S. Are Valid Under Standard Contractual Clauses

Wilson Sonsini Goodrich & Rosati on 12/23/2019

On December 19, 2019, in the Facebook Ireland and Schrems (Schrems 2.0) case, the Advocate General (AG) to the European Court of Justice (ECJ)—European Union's highest court—opined that the EU Standard Contractual Clauses...more

The European Court of Justice Issues Two Important Decisions Clarifying the Scope of the Right to Be Forgotten and ISPs' Liability

Troutman Pepper on 10/11/2019

We routinely hear from United States citizens who want advice on how to remove photographs, newspaper articles, videos or personal information about themselves from the internet. Originally published by the European...more

Top EU Court: Cookies Require Active, Specific and Informed Consent

Polsinelli on 10/3/2019

The Court of Justice of the European Union (CJEU) published a judgment that echoes the recent developments discussed in our August update, "New Developments in EU for Cookies and Online Tracking." This is an important...more

GDPR Privacy FAQs: Are joint controllers jointly and severally liable for each other’s actions?

BCLP on 8/30/2019

It is not clear at this point whether joint and several liability attaches to the actions of joint controllers. The GDPR states that a data subject “may exercise his or her rights under this Regulation in respect of and...more

ECJ Rules Companies Using Social Plugins Are Joint Controllers

Jones Day on 8/5/2019

The Situation: Fashion ID, a German online clothing retailer, embedded on its website the Facebook "Like" button. When a user consults the website of Fashion ID, that user's personal data are transmitted to Facebook Ireland....more

Website Operator Jointly Liable for Data Collection and Transmission Through Facebook "Like" Button

Wilson Sonsini Goodrich & Rosati on 7/30/2019

On July 29, 2019, the European Court of Justice (ECJ) issued its decision in FashionID (Case C-40/17), determining that website operators are jointly liable with plugin providers for data collection and transmission through...more

Is the Right to be Forgotten National, European or Worldwide? The Advocate General Issues an Opinion in the Google Case

Foley Hoag LLP - Security, Privacy and the... on 1/21/2019

On January 10, 2019, Advocate General Szpunar issued his much awaited opinion in the Google case that was referred to the European Court of Justice by the French “Conseil d’Etat”, the highest administrative court of the...more

Schrems v. Facebook: The Show Must Go On In Vienna, But Now As A One-Man Show

Foley Hoag LLP - Security, Privacy and the... on 2/2/2018

Recently, Austrian privacy activist Maximilian Schrems won a partial victory in his continuing battles with Facebook. We discuss that case below. But first, we review his prior tilts with Facebook....more

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

Jones Day on 10/17/2017

The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

Hogan Lovells on 2/7/2017

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into...more

ECJ Confirms Dynamic IP Address May Constitute Personal Data But Can Be Logged to Combat Cyberattacks

McDermott Will & Emery on 11/1/2016

On 19 October 2016, the European Court of Justice (ECJ) held (Case C-582/14 – Breyer v Federal Republic of Germany) that dynamic IP addresses may constitute personal data. The ECJ also held that a website operator may collect...more

Dynamic IP Addresses May Qualify as Personal Data

Morgan Lewis on 10/26/2016

In a key decision, the European Court of Justice has ruled that dynamic IP addresses may qualify as personal data in certain circumstances—ending years of uncertainty about whether such fundamental building blocks of the...more

European Court Of Justice Rules That Dynamic IP Addresses Can Be Personal Data

Ballard Spahr LLP on 10/26/2016

In a ruling with significant potential impact, the Court of Justice of the European Union (CJEU) has ruled that a dynamic internet protocol (IP) address may constitute "personal data" under EU Data Protection Directive...more

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

Foley Hoag LLP - Security, Privacy and the... on 9/6/2016

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

Are Dynamic IP Addresses Personal Data? A Primer

Proskauer on Privacy on 6/23/2016

Last month, one of the Advocate Generals (“AG”) of the Court of Justice of the European Union (“CJEU”), Manuel Campos Sánchez-Bordona, issued an opinion suggesting that dynamic IP addresses should be recognized as “personal...more

Data Transfer Without Safe Harbors

Womble Bond Dickinson on 6/8/2016

European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...more

Important Issues are yet to be corrected in the Right to be Forgotten

Robinson+Cole Data Privacy + Security Insider on 5/24/2016

The recognition by the European Union of a “Right to be Forgotten” has caused much controversy, but seemingly progress is being made. The Right, which entitles Europeans to petition data controllers to prevent harmful...more

The Basics of International Privacy Law for Commercial Litigators, Part 1: the EU

Proskauer - Minding Your Business on 4/11/2016

Let’s say an American commercial litigator is working to defend a multinational client that has been sued in the U.S. The litigator may realize that he or she needs to collect emails or other documents from the client’s...more

Privacy Shield Released - How Employers Can Take Advantage of the New European Data Transfer Framework

Bryan Cave Leighton Paisner on 3/14/2016

Background - 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...more

124 Results

View per page

Page: of 5

European Union › EU Data Protection Laws › European Court of Justice (ECJ)

"My best business intelligence, in one easy email…"