Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more
The Court of Justice of the European Union (CJEU) issued a decision significantly expanding the capabilities of both the Unified Patent Court (UPC) and the national courts in EU Member States to issue cross-border injunctions...more
In a decision that may cause some concern, the CJEU has held that asymmetric EU jurisdiction clauses are only valid under EU law if they designate with sufficient precision the alternative jurisdictions in which proceedings...more
The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more
The Court of Justice of the European Union ("CJEU") recently ruled that design works must be protected by copyright in the EU regardless of their country of origin. This decision rejects the application of the reciprocity...more
To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
A series of recent rulings from the Court of Justice of the European Union ("CJEU") has reaffirmed the country of origin principle set forth in the e-Commerce Directive ("ECD")—which provides that, except in limited...more
The criminal liability of the absorbed company is transferred to the absorbing company, regardless of the corporate form of the company involved in the merger by absorption. In a ruling handed down on May 22, 2024, 1 the...more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more
The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more
A recent decision by the Court of Justice of the European Union will extend the EU General Data Protection Regulation’s automated decision-making restrictions to many present and future use cases of such technologies. While...more
On 13 July 2023, the Court of Justice of the European Union (CJEU) handed down its first ruling on the European Union Foreign Direct Investment Screening Regulation, which entered into force in October 2020. In short, the...more
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
The Court of Justice of the European Union (CJEU) published its decision in the case of J.M. v Pankki S (Case C‑579/21) on 22 June 2023....more
The Court of Justice of the European Union (CJEU) issued on 4 May 2023 three decisions in cases concerning interpretation of key aspects of the GDPR. It also published three opinions of the Advocate General (AG). Below is a...more
On 4 May 2023, the Court of Justice of the European Union (CJEU) delivered its decision in the Österreichische Post case (Case C-300/21), in essence deciding that a mere infringement of the General Data Protection Regulation...more
The European Union’s top court recently confirmed that an M&A transaction that does not require mandatory pre-merger authorization may be investigated post-merger on suspicion that the transaction involved an ‘abuse’ of the...more
According to a new judgment LPP protects private communication between clients and lawyers, limiting requests for information in competition proceedings. Key Points: ..Clients can now argue that their communications with...more
In Short - The Situation: The Court of Justice of the European Union ("CJEU") recently ruled that operators of online marketplaces may be held directly liable for trademark infringement in a context where third-party...more
On January 12, 2023, the Court of Justice of the European Union (CJEU) ruled that the data subject’s right of access to personal data requires controllers to provide the data subject with the identity of the companies that...more
The Court of Justice of the European Union (CJEU) delivered its judgment in Case C-154/21 Österreichische Post (the Österreichische Post case) on 12 January 2023. The case relates to the interpretation of Art. 15(1)(c) GDPR,...more
On December 8, 2022, the European Court of Justice (ECJ), the European Union’s highest court, delivered a landmark ruling in Orde van Vlaamse Balies a.o. (the Judgment) clarifying that legal professional privilege (LPP) is...more
There is new hope for companies that transfer data from Europe to the United States that the return of a less administratively burdensome mechanism is on the horizon...more
The Advocate General argues that organisations should provide individuals with information on the specific recipients of their personal data. Advocate General Giovanni Pitruzzella (AG) of the Court of Justice of the...more
An Eagerly Awaited Decision - The Grand Chamber of the Court of Justice of the European Union ("CJEU") has recently— and for the first time—given its opinion on the interpretation and application of the controversial...more