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Advocate General

White & Case LLP

European Advocate General rejects the need for “strict liability” in GDPR violations – The last word, however, is not yet spoken

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It is, by now, well known that not taking data protection seriously can prove costly for organizations. Since the introduction of the European General Data Protection Regulation (the "GDPR") in 2018, non-GDPR-compliant...more

A&O Shearman

AG CJEU addresses data subject rights and automated decision-making by credit rating agencies

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The Advocate General (AG) Pikamäe of the Court of Justice of the European Union (CJEU) issued his opinions in three cases concerning the credit rating agency SCHUFA Holding AG (SCHUFA) on 16 March 2023....more

White & Case LLP

Mere “upset” not sufficient for GDPR compensation claims - Advocate General

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The Advocate General of the Court of Justice of the EU has issued an Opinion stating that mere "upset" is not sufficient to give rise to a claim for compensation under Article 82 of the GDPR....more

Proskauer Rose LLP

UK Tax Round Up - September 2022

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Welcome to September’s edition of the UK Tax Round Up. In addition to the headline-grabbing 2022 Growth Plan announced by the UK Chancellor, there have been a number of interesting cases this month including the First-tier...more

Proskauer Rose LLP

UK Tax Round Up - May 2022

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Welcome to May's edition of the UK Tax Round Up. This month has seen a number of interesting court decisions, an important opinion of the European Commission’s Advocate General and the commencement of a Treasury consultation...more

Littler

The Netherlands: Court Disallows Terminating Sick Employee’s Employment After UWV Procedure

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In a recent case, an employer petitioned the Sub-District Court to dissolve an employment contract with immediate effect after the UWV (Employee Insurance Agency) had dismissed its application for dismissal for economic...more

A&O Shearman

CJEU Advocate General interprets direct marketing by email and targeted advertising under ePrivacy Directive

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On 24 June 2021, the Advocate General (AG) of the Court of Justice of the European Union (CJEU) issued his opinion on the preliminary ruling request submitted by Germany's Federal Court of Justice (Bundesgerichtshof) in case...more

A&O Shearman

Advocate general opinion on the Sisal – Magellan Robotech case

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Public Procurement - Concessions Directive 2014/23 - Advocate General Campos Sanchéz-Bordona advises the Court of Justice on what may constitute ‘substantial modifications’ to a concession. In its recent opinion, the Court...more

Orrick, Herrington & Sutcliffe LLP

Orrick Finance Italy – CELF Weekly Newsletter – October 2020

CELF Talks: Il Fondo di Garanzia PMI nella normativa emergenziale Ne discutono: Bernardo Mattarella,Amministratore delegato di Banca del Mezzogiorno-MCC Patrizio Messina, Head of Finance Group Orrick Clicca qui per vedere...more

MoFo Tech

Determining Liability For Illegal Uploads To Online Platforms: An ECJ Opinion Decides In Favour Of Platform Operators

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Online platform operators have a rare cause to be cautiously optimistic at news from the European court. In a recently-published European Court of Justice (ECJ) opinion, Advocate General Henrik Saugmandsgaard Øe stated that,...more

Mintz - Privacy & Cybersecurity Viewpoints

Do you transfer personal data from the EU to the US? Important Decision due July 16

Does your organization transfer personal data from the European Union to the US? If so, keep an eye out for a key decision on July 16 from the EU’s top court, the Court of Justice of the European Union. The Schrems II case...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment in Possible Future Generic Marketing Excludes Legitimate Basis for Pharma Settlement, Suggests EU Advocate General

In her opinion issued on June 4, 2020, Advocate General (AG) Juliane Kokott recommended that the European Court of Justice (ECJ) dismiss in its entirety the appeal by Lundbeck A/S and Lundbeck Ltd against the General Court’s...more

Ladas & Parry LLP

ECJ Decision In Sky v. Skykick Finds That Trademark Registrations Will Not Be Invalidated For Having Unclear And Imprecise Lists...

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The eagerly anticipated decision of the European Court of Justice in the case of Sky v. SkyKick [Case C 371/18] was delivered on January 29, 2020. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - January 2020

In this month's edition of our Privacy & Cybersecurity Update, we examine the EU advocate general's decision in Schrems II, a federal court's ruling that an insurer owed coverage for a social engineering loss, the Chinese...more

Hogan Lovells

The Court of Justice of the European Union provides clarifications on the assessment under competition law of pay-for-delay deals...

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On 30 January 2020, the Court of Justice of the European Union (CJEU) issued its decision on a request for preliminary ruling submitted by the UK Competition Appeal Tribunal (CAT) in a case concerning the long-standing...more

Hogan Lovells

AG Says ePrivacy Applies to Government Access to Communications Data

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On January 15, the Court of Justice of the European Union’s (CJEU) Advocate General (AG) Manuel Campos Sánchez-Bordona delivered his Opinion on four references for preliminary rulings on the topic of retention of and access...more

Moore & Van Allen PLLC

Schrems II Opinion Casts Doubt on EU-US Data Protection Rules

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Facebook is at the center of the “Schrems” case, which exposed contradictions between U.S. and EU data privacy rules and toppled the U.S./EU Safe Harbor (Schrems I). In Schrems II, Austrian Max Schrems challenges the adequacy...more

Akin Gump Strauss Hauer & Feld LLP

Major Boost for Standard Contractual Clauses Challenged by the Schrems 2.0 Case, but More Uncertainty for the Privacy Shield

We reported in July 2019 that the Court of Justice of the European Union (CJEU) heard a case brought by privacy-rights activist Max Schrems, challenging the validity of Standard Contractual Clauses (SCCs), which are widely...more

White & Case LLP

EU Data Transfer Restrictions – No changes for now

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The Court of Justice of the EU ("CJEU") is currently hearing a challenge against the validity of two key mechanisms that businesses use to transfer personal data internationally. In a move that will come as a relief to...more

Dechert LLP

Schrems v Facebook: AG says Standard Contractual Clauses are Valid

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The Advocate General (AG) says the standard contractual clauses (SCCs) are valid but, where circumstances in the destination third country mean the SCCs would be breached or impossible to abide by, there is an obligation on...more

Womble Bond Dickinson

EU Standard Contractual Clauses Likely to Survive for Now, but Risks Remain

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On December 19th the EU Advocate General for the European Court of Justice issued an advisory opinion to the court in the case known as Schrems II. The main question presented to the court is the validity of the EU standard...more

Alston & Bird

Schrems 2.0: Standard Contractual Clauses Declared Valid by EU Advocate General

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The Advocate General’s Opinion of December 19, 2019 deemed valid the Standard Contractual Clauses (SCCs) adopted by the European Commission for the transfer of personal data from controllers to processors. Currently, many...more

Hogan Lovells

EU Advocate General Opinion in Spedidam: rights of performers

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On 16 May 2019, the CJEU Advocate General delivered his opinion in Spedidam, following the request for a preliminary ruling from the French Supreme Court on whether the French legal framework allowing the French National...more

Hogan Lovells

iPunkt recap… Will CJEU follow Advocate General on unauthorised sampling opinion?

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In December 2018, CJEU Advocate General Szpunar took the view that the reuse of a sound sequence in a new song (referred to as sampling) without the author’s permission violates copyright law (case C-476/17 – Moses Pelham et...more

Dechert LLP

Advocate General of EU’s Highest Court Weighs in Favor of an Investment Court System

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The Comprehensive Economic and Trade Agreement (“CETA”) concluded between Canada and the European Union (“EU”) celebrated its first birthday in September last year. While both Canada and the EU have reported that the benefits...more

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