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
On April 28 2025, the Court of Justice of the European Union (CJEU) published an updated version of the fact sheet (the Fact Sheet) summarising key case law on protection of personal data. The Fact Sheet covers the case law...more
In joined Cases C‑26/22 and C‑64/22, related to the German Credit Reference Agency Schufa (see A&O blog on the automated decision making case), the CJEU considered the retention of personal data regarding individuals who had...more
ust over a year ago, on 21 April 2022, the seven economies (Canada, Japan, the Republic of Korea, the Philippines, Singapore, Taiwan, and the USA) participating in the Asia-Pacific Economic Cooperation (APEC) Cross-Border...more
The Court of Justice of the EU (CJEU)1 has held that the General Data Protection Regulation (GDPR) requires controllers to provide data subjects a "faithful reproduction" of their personal data, which takes into account the...more
Background Note: Data privacy has become a critical issue in the digital era, with laws and regulations constantly evolving. As a result, it’s important for cybersecurity, information governance, and legal discovery...more
Expect another year of regulatory ambiguity for international data privacy laws in 2023, as the European Commission reviews the EU-US Data Privacy Framework. European Union courts indicate increased scrutiny for behavioral...more
In July 2020 the Court of Justice the European Union’s (CJEU) Schrems II decision declared the EU-US Privacy Shield Protections inadequate for the protection of European data. On November 10, 2020, the European Data...more
United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more
Website and app operators are jointly liable with Facebook for violations of European data protection law - In its judgment of 29 July 2019 (ref.C-40/17), the European Court of Justice has ruled on two essential points...more
Parties in the US are allowed broad and liberal discovery of electronically stored information (ESI) relevant and proportional to the claims and defenses in a legal action. When a US-based litigant seeks ESI stored in other...more
On October 6, 2020, the Court of Justice of the European Union (the “Court”) ruled that principles of EU law prevent Member States from requiring a provider of electronic communications services to indiscriminately retain...more
Generally, contact tracing refers to an effort by public health officials to identify individuals with whom a patient who has tested positive for an infectious disease has been in close proximity. Public health officials will...more
On Friday September 4, 2020, the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area, announced that it had formed two new...more
There is a lot currently happening in the European Union. From the latest European Court opinions with respect to merger clearance, dominance violations, data protection and state aid to Brexit, we’re checking in with our...more
On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its anxiously-awaited judgment in the Schrems II case. The CJEU’s decision upheld the Standard Contractual Clauses (SCCs) but, somewhat surprisingly,...more
The legal requirements for the use of cookies have been subject to discussion over the last few years, with little to no enforcement and guidance from European data protection authorities (DPAs). That has changed recently....more
The CJEU (the European Union Court of Justice) has handed down a decision which makes clear that general and indiscriminate retention of electronic communications is unlawful. National legislation of each European Member...more
Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...more