Nota Bene Episode 135: Europe Q3 Check In: Brexit, Data Protection, and Block Exemption Regulations with Oliver Heinisch
NGE On Demand: Personal Data Protection Travels: The New Standard Contractual Clause with John Koenigsknecht and David Wheeler
In-house Roundhouse: Antitrust and the Tech Industry
Pennsylvania COVID-19 Update Featuring Former Pa. Gov. Tom Corbett
The final decision of the Irish Data Protection Commission (IDPC) in relation to the transfers of EU/EEA Facebook user data by Meta Platforms Ireland Limited (Meta Ireland) to its processor, Meta Platforms, Inc., in the US...more
Pathways for U.S. companies to transfer personal data out of the European Union have been repeatedly blocked by EU authorities concerned by what they perceive as gaps in data protection under U.S. laws. Schrems I invalidated...more
Today saw a key ruling by the Irish High Court which could have wide ranging implications in relation to a range of data use, targeted advertising and data transfers between Europe and the United States. The Irish data...more
News sources reported this month that the Irish data protection authority (DPA) had sent Facebook a preliminary order that would prohibit the transfer of information about European Union (EU) residents to US Facebook users....more
Will the EU finally deny the right to transfer any personal data from its shores to the United States? Its privacy decisions have been inching closer to this determination for years, and an Irish case against Facebook may tip...more
In a statement from Facebook’s VP of Global Affairs and Communications, Nick Clegg, the social media giant confirmed that the Irish Data Protection Commission (DPC) has commenced an inquiry into data transfers from the EU to...more
On 16 July 2020, the Court of Justice of the European Union (CJEU) issued a judgment in Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (Case C-311/18, “Schrems II”) ruling that the Privacy Shield...more
The Court of Justice of the European Union (CJEU), the EU's highest court, declared on July 16, 2020, that the EU-U.S. Privacy Shield framework for the transfer of personal data from the EU into the United States is invalid....more
The Court of Justice of the European Union today invalidated the EU-US Privacy Shield and called into question the extent to which EU data exporters could rely on the European Commission’s Standard Contractual Clauses for...more
Yesterday, the Court of Justice of the EU (“CJEU”) issued a judgment with two important outcomes: (1) invalidation of the U.S.-EU Privacy Shield as a basis for transfers of personal data from the EU to the U.S.; and (2)...more
Yesterday, the Court of Justice of the EU has handed down its judgment in the highly-anticipated Facebook Ireland case (aka Schrems II) and invalidated the Privacy Shield Decision. For those of you who have followed this...more
The judgment by the Court of Justice of the European Union (CJEU) in the case known as “Schrems II” has far-reaching impact for businesses looking to ensure continuity of personal data flows between the EU and the US and...more
A ruling by the EU’s top court invalidates the key mechanism for transferring personal data from the EU to the US and imposes additional conditions for use of the standard contractual clauses. On 16 July 2020, the Court of...more
Key Takeaways: - EU-U.S. Privacy Shield Framework invalidated - Standard Contractual Clauses governing transfers between controllers and processors upheld, but arguably may not be valid on their face without additional...more
Today, July 16, 2020, the EU’s top court, the Court of Justice of the European Union (CJEU), issued its highly anticipated decision in the Schrems II case. In doing so, CJEU has invalidated the EU-US Privacy Shield Framework...more
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
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
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
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
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
The Irish High Court recently asked the Court of Justice of the European Union (CJEU) to rule on the validity of “standard contractual clauses” as a basis for transferring personal data out of the European Economic Area...more
What Now? With its decision on Tuesday 3 October 2017 referring a preliminary question on the validity of the European Union’s “standard contractual clauses” (“SCC”) regime to the Court of Justice of the European Union...more
Executive summary: The EU’s standard contractual clauses may be on the fast track to invalidation, putting a vast number of personal data transfers from the EEA at risk. A case brought by Maximilian Schrems (whose first...more
The current challenge to Facebook’s privacy practices in Ireland (“Schrems II”) may be coming to a head. You will recall that in Schrems I, the challenge to Facebook’s privacy practices led to a decision issued by the...more
After the European Court of Justice invalidated Safe Harbor on October 6, ?2015, the Article 29 Working Party announced in an October 16, 2015 statement that US companies that were Safe Harbor certified had until the end of...more