EU data protection/privacy laws continue to keep this international Air Passenger data agreement ‘grounded from taking flight’, but what effect could the decision have on similar data agreements already concluded with the EU? On 26 July, the European Court of Justice (CJEU) declared that the EU-Canada Passenger Name Record (PNR) Agreement is incompatible with EU … Continue reading
Category Archives: safe harbour
Open Letter to the European Commission – On the Importance of Preserving the Consistency and Integrity of the EU Acquis Relating to Content Monitoring within the Information Society
This is not just another post on the proposed Copyright Directive released on 14 September 2016 (Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market discussed in my previous post here) and others hard and/or soft law initiatives coming from the European Commission (see for … Continue reading
Data retention / Data transfer / Human rights / Law enforcement / safe harbour / Security / Surveillance
CJEU Advocate General opines on the compatibility of EU-Canada PNR Agreement with EU Charter rights to privacy and personal data protection
We’ve heard it before, and we’ll hear it again… ‘How can interference with fundamental EU rights to privacy and personal data protection be justified when it comes to mass-automated data processing?’ In other words, to what extent will the EU Charter of Fundamental Rights keep this international agreement grounded before it can take flight? Earlier … Continue reading
content regulation / Copyright / illegal content / immunities / Internet intermediaries / ISPs / notice-and-take down / safe harbour
The CJEU rules on free access to wireless local area networks in McFadden: The last(?) shudder of Article 15 ECD, the vanishing of effective remedies, and a big farewell to free Wi-Fi!
Let us now turn to the last intellectual work of the Court of Justice of the European Union (CJEU) in the field of copyright and intermediary liability [it is indeed really difficult to get rid of them!] which was released today: Case C‑484/14 Tobias Mc Fadden v Sony Music Entertainment Germany GmbH. Once again, the … 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
anonymisation / Brexit / Data protection / Data transfer / digital identity / e-government / eIDAS / General Data Protection Regulation / safe harbour
eIDAS applies from 1 July 2016: An EU dream come true after a Brexit nightmare?
Six days after the results of the UK Brexit referendum and it is still very hard to go back to a “normal” life, especially while remaining an EU citizen living in the UK. One of the most upsetting things of the referendum, at least for lawyer, is its nonsense. This holds true in particular … Continue reading
EU Commission publishes Legal Texts of New ‘Privacy Shield’ Framework for Trans-Atlantic Data Transfers
…But, will the highly anticipated EU-US ‘Privacy Shield’ live up to its super-hero billing? Last month proved to be a particularly busy time for data protection news. First, the Council of the EU adopted a political agreement on the texts that will form part of the new Data Protection Reform Package. Also hitting headlines was … Continue reading
DPAs or national supervisory authorities and the CJEU in Schrems: what does it mean to “engage in legal proceedings”?
The CJEU has definitely been very bold in its recent decision in Schrems v Data Protection Commissioner. While the judgement of the CJEU is more convincing than the opinion of the Advocate General (see my posts here and here), it is obviously not perfect. [But I wonder, perhaps naively: shouldn’t the CJEU’s decision be seen … Continue reading
The CJEU in Schrems v Data Protection Commissioner: Commission Decision 2000/520 is invalid!
Here we are: less than 2 weeks after the issuance of the opinion of the Advocate General (AG) Bot in the case Schrems v Data Protection Commissioner (see my post here) the Court of Justice of the European Union (CJEU) declared today that the US-EU safe harbour framework was invalid! While this is definitely one … Continue reading
AG Bot on Schrems v DP Commissioner: does the EU Charter of Fundamental Rights really go beyond the ECHR?
Advocate General (AG) Bot delivered his awaited opinion on 23 September 2015 in the case C-362/14 Maximillian Schrems v Data Protection Commissioner. As readers might remember (see my previous post here), the Irish High Court had made a reference for a preliminary ruling back in 2014. [For background, talented Austrian Facebook user, Maximillian Schrems complained … Continue reading