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
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
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
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
Advocate General Spielmann opines that personal data can be pseudonymous in the hands of one party and anonymous in the hands of another....more
The CJEU has decided that the maximum thresholds for GDPR fines should be calculated using the global turnover of the broader corporate group, not solely the infringing entity....more
In a landmark judgment delivered on 29 January 2025, the General Court of the European Union has affirmed the European Data Protection Board‘s (EDPB) authority to require national supervisory authorities to broaden their...more
This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of data...more
The German Federal Court of Justice (Bundesgerichtshof), tasked with resolving a conflict between two competing pharmacists, sought guidance from the Court of Justice of the European Union ("CJEU") on interpreting the General...more
The Court of Justice of the European Union (CJEU) clarified in two judgments in the last month of 2023 (Deutsche Wohnen, ECLI:EU:C:2023:950 [DW] and Nacionalinis visuomenės sveikatos centras, ECLI:EU:C:2023:949 [NVSC]) the...more
Alongside the recent CJEU judgment on automated decision making in Schufa (see the Allen & Overy blog ) there are a range of developments related to ADM in other jurisdictions. UK developments - The UK Parliament is...more
On July 10, 2023, the European Commission (EC) adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF, or “Privacy Framework”), which establishes the Privacy Framework as an authorized mechanism...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
It has been a long time coming, but the other shoe has finally dropped. Ireland’s Data Protection Commission (DPC) fined Meta Platforms Ireland (parent of Facebook Ireland) €1.2 billion, the highest fine to date under the...more
After a two year absence of a legal framework for transferring personal data from the EU to the U.S., President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (the...more
On August 1, 2022, the Court of Justice of the European Union (CJEU) issued an opinion regarding a Lithuanian data protection case that may signal an expansion of interpretation of the definition of sensitive personal data...more
Last month, the European Center for Digital Rights (more commonly known as None of Your Business or “noyb”) launched a new campaign against the use of allegedly unlawful cookie banners by sending nearly 600 draft complaints...more
CEP Magazine (October 2020) - On July 16, the Court of Justice of the European Union declared the European Commission’s July 2016 decision on the adequacy of the privacy protection provided by the EU-US Privacy Shield as...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
In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more
In a landmark decision in what is popularly known as the "Schrems II" case, the Court of Justice of the European Union invalidated the EU-U.S. Privacy Shield, the framework that facilitated the transfers of personal data from...more