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
The ECJ has confirmed that a payment service user (PSU) is deprived of the right to reimbursement for an unauthorised transaction under PSD1 if: they fail to notify without undue delay upon becoming aware of it; or...more
On July 9, 2025, the European Parliament's Committee on Legal Affairs ("JURI") published a study examining how generative artificial intelligence ("AI") interacts with European Union copyright law....more
Pharmacy compounding is one of the topics in the EU Pharma Law Package that has perhaps received less attention compared to topics such as regulatory exclusivity rights, shortages, and sustainability. The EU Pharma Law...more
In one of the rare design cases before the CJEU, Advocate General Emiliou recently had the opportunity to clarify some fundamental requirements of protection for EU designs (Case C-323/24, Deity Shoes v Mundorama Confort and...more
Cloud-based HR systems have become standard for multinational businesses, driving efficiency but also increasing compliance and privacy risks. Indeed, a recent Workday case, which originated in Germany, has clarified the...more
Xsys Italia v. Esko-Graphics ORD_23545/2025 - The Court of Appeal of the Unified Patent Court (UPC) has delivered a decision clarifying the temporal scope of the UPC’s jurisdiction over European patent infringement...more
On April 30, 2025, the Court of Justice of the European Union (CJEU) has ruled that advertising food products containing botanicals with health claims is not permitted until the European Commission has granted the permission...more
A freight forwarder filed an application to the Polish tax authorities to obtain confirmation as to whether the importation of small consignment goods between private individuals could be VAT exempt even though the recipient...more
In its recent judgment in Beevers Kaas (Case C‑581/23), the European Court of Justice (ECJ) clarified how suppliers may validly restrict active sales in exclusive distribution arrangements under Article 4(b)(i) of the...more
On 14 May 2025, the Brussels Court of Appeal (Market Court) delivered the long-awaited judgement in the case concerning the Transparency & Consent Framework (“TCF”) (case no. 2022/AR/292). The Court largely upheld the...more
A recent decision of the Court of Justice of the European Union (the EU’s highest court) has clarified some of its views on ‘asymmetric jurisdiction clauses’. An asymmetric jurisdiction clause is one that allows one party...more
On May 13, 2025, the Federal Court of Justice (BGH) issued a long-awaited decision (EnVR 83/20) on the question of whether an energy grid can be classified as an unregulated “customer installation” (Kundenanlage). In the...more
The beginning of 2025 saw two overarching trends in FRAND litigation...more
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
On February 25, 2025, the Court of Justice of the European Union (CJEU) held in Google Android Auto1 that a dominant platform’s refusal to ensure interoperability with a third-party app may constitute an abuse of dominance....more
The Court of Justice of the European Union ("CJEU") recently issued an important ruling in the case of Società Italiana Lastre SpA (SIL) v. Agora SARL (C-537/23). The decision addresses the validity criteria of asymmetric...more
The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard...more
In November 2024, the Local Division (LD) Mannheim of the Unified Patent Court (UPC) issued the UPC’s first-ever substantive decision on standard essential patents (SEPs) and fair, reasonable, and non-discriminatory (FRAND)...more
On 27 February 2025, the EU's Court of Justice delivered its ruling on a case referred to it by the French Cour de Cassation concerning whether or not asymmetric jurisdiction clauses are valid as a matter of EU law;...more
In politically uncertain times, is your organisation’s data transfer compliance unquestionable? The EU-U.S. Data Privacy Framework (DPF) serves as a useful mechanism for transatlantic data transfers, and it can assist...more
On April 1st, 2025, the General Court of the European Union held its first hearing on the request initiated by member of French parliament Philippe Latombe for annulment of the EU-U.S. Data Privacy Framework (“DPF”) further...more
The boundary between medicinal products and medical devices remains a recurring issue for companies developing or marketing borderline products and courts, which has already been the subject of numerous decisions. Recently,...more
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
In the EU, the surge in private damages actions following the transposition of the Private Damages Directive (PDD) at member state level has brought to the fore several novel legal questions, prompting national courts to...more
On February 27 2025, the Court of Justice of the European Union (CJEU) delivered a judgment in CK v Dun & Bradstreet (Case C-203/22). This judgment clarifies the GDPR provisions regarding the right of access to personal...more