‘Cruise control for the social media age, or stuck in second gear?’ The issue of defining data controllership is “particularly thorny” says AG, and looking to become thornier as complete control is becoming less and less common in practice Last month, Advocate General (AG) Bot of the Court of Justice of the EU (CJEU) delivered … Continue reading
Category Archives: Jurisdiction
Questions on UK bulk communications data capabilities referred to the EU Court of Justice
The validity of EU Member State legislation to collect and analyse bulk communications (meta)data about us by the security agencies continues to be vexed by questions over the application of EU privacy law requirements The UK Investigatory Powers Tribunal (IPT) has this month referred questions to the EU Court of Justice (CJEU) in a decision … Continue reading
New EU Cyber Security Directive enters into force, alongside new US Cyber Incident Coordination Directive
Cyber threats know no borders even if the law does…so how are cyber policies evolving in 2016 to deal with the increasing complexity and scale of cyber-incidents now faced by countries, businesses, and individuals? As anticipated in my post from January this year, a bolstering of cyber security legislation is squarely on the legislative and … Continue reading
EU Approves ‘Privacy Shield’ Safe Framework for Trans-Atlantic Personal Data Transfers
Privacy shields doubling as privacy swords? … While “the best defence” may also make a “good offence” (or, “offense”, as our US counterparts would call it), first you need to be confident that your defence strategy works! Last Friday, a statement was made by EU Vice-President Ansip and Justice Commissioner Vera Jourová announcing the adoption … Continue reading
Sick of hearing about safe harbours? What about Weltimmo?! – CJEU decision raises prospects for companies operating web services across the EU being subject to multiple data protection authorities
How should online businesses determine which data protection laws to comply with, and how should multiple claims to jurisdiction over the national application of data protection laws be resolved? Much has been written in the last week about the ruling of the Court of Justice of the EU (CJEU) in holding that EU Commission Decision … Continue reading