News & Analysis as of September 19, 2024

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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 -

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

DLA Piper on 8/30/2024

Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

EU Top Court Sheds Light on Untested Crossroads Between Competition and Privacy Law

McDermott Will & Emery on 7/12/2023

On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...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

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

FashionID: Another Big ECJ Facebook Case with Implications for the Entire Ad-Supported Internet

Alston & Bird on 7/31/2019

On July 29, 2019, the European Court of Justice (“ECJ”) issued its decision in the case of FashionID GmbH & Co. KG v. Verbraucherzentrale NRW. The ECJ found that websites that integrate Facebook plugins are jointly...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

EU Court Of Justice Issues Long-Awaited Decision On Facebook Likes In Fashion ID Matter

Fox Rothschild LLP on 7/29/2019

A Facebook “like” is actually more like “in a [Joint Controller] relationship” status, says the Court of Justice of the EU in a long awaited decision in the Fashion ID matter. At issue: The legal framework surrounding...more

Third-Party Data Collection and Consent in Mobile Applications

Dechert LLP on 1/18/2019

Recent legislative hearings in the United States and Europe have focused on the means by which large third-party data collectors track individuals via websites. Regulators have paid comparatively little attention to the...more

Irish Supreme Court Grants Facebook Leave To Appeal ECJ Referral

King & Spalding on 8/17/2018

On July 31, 2018, the Irish Supreme Court made the unprecedented decision to grant Facebook leave to appeal the Irish High Court’s referral of certain matters in an ongoing data privacy case to the European Court of Justice...more

Facebook Loses Bid To Keep Data Transfer Dispute Out Of EU Court Of Justice

Fox Rothschild LLP on 5/3/2018

Facebook has failed to prevent its feud with an Austrian privacy activist over the legality of two widely used mechanisms for transferring data between the European Union and the U.S., from reaching the EU Court of Justice....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

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

Irish High Court Quashes Irish Data Protection Commission's Original Schrems Decision

Mintz - Privacy & Cybersecurity Viewpoints on 10/21/2015

On October 20, 2015, the Irish High Court ordered the Irish Data Protection Commissioner (DPC) to investigate Facebook’s European data privacy practices, bringing Max Schrems’ three-year fight full circle. The Court quashed...more

No Safe Harbour? Immediate Implications for Employers

Seyfarth Shaw LLP on 10/19/2015

A landmark decision of the European Court of Justice (ECJ) has held that companies may no longer rely on “Safe Harbour” to justify transferring personal data from the European Union to the US, because the US Government has a...more

No Safe Harbor: Why U.S. Companies Must Be Aware of Europe’s Privacy Rules

Butler Snow LLP on 10/16/2015

The European Union has consistently provided its residents greater data protection than the United States. Directive 95/46/EC outlines specific requirements for data protection, including a provision that transfers of...more

Means, Other Than Safe Harbor, of Transferring Personal Data to the U.S. Potentially Vitiated?

McGuireWoods LLP on 10/16/2015

After the decision of October 6, 2015, of the Court of Justice of the EU (CJEU) invalidating the decision from the EU Commission (Decision 2000/520) on the Safe Harbor, transfer of personal data to the U.S. based on Standard...more

Any Port in a Storm? EU-US Data Transfers After Schrems and Safe Harbor

McDermott Will & Emery on 10/15/2015

Last week, the Court of Justice of the European Union (CJEU) gave an important ruling which any business transferring personal data between the EU and the United States should know about — in particular those that make use of...more

FTC's Safe Harbor for Data Transfers Declared Invalid

Faegre Drinker Biddle & Reath LLP on 10/13/2015

The Court of Justice of the European Union has issued a landmark judgment in Schrems v Data Protection Commissioner (Case C-362/14) that invalidates the Federal Trade Commission’s (FTC) Safe Harbor Framework. The decision has...more

European Court of Justice Invalidates U.S.-EU Safe Harbor

Epstein Becker & Green on 10/12/2015

On October 6, 2015, the European Court of Justice (“ECJ”), the top court of the European Union (“EU”), released its opinion in Maximillian Schrems v. Data Protection Commissioner (C-362/14), invalidating the U.S.-EU Safe...more

Transfer of Employees’ Personal Data from Germany to the United States under German Data Privacy Law

K&L Gates LLP on 10/12/2015

Following the ECJ’s decision in the “Schrems” case which has invalidated the Safe Harbor framework multinational corporations may now face profound privacy law related compliance issues in a multitude of jurisdictions. In the...more

The End of the Safe Harbor Framework – and the Threat to Model Clauses and BCRs

Cohen & Gresser LLP on 10/12/2015

Earlier last week, the European Court of Justice (CJEU) invalidated the Safe Harbor framework between the United States and the European Union -- effective immediately. This decision significantly disrupts the flow of data...more

The Court of Justice of the European Union Sinks the Safe Harbor Program

Katten Muchin Rosenman LLP on 10/8/2015

The End of Safe Harbor - In a decision that could significantly impact those doing business in the United States and Europe, the European Union's highest court ruled on October 6, 2015, that the U.S.-E.U. Safe Harbor...more

EU U.S. Data Protection: U.S.-EU Safe Harbor Scheme Declared Invalid by Court of Justice of the European Union

Locke Lord LLP on 10/8/2015

As anticipated by our earlier article (published on October 2, 2015) “EU U.S. Data Protection: The Safe Harbor Framework Under Attack”, Europe’s highest court, the Court of Justice of the European Union (CJEU), has followed...more

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