Cybersecurity / Intelligence and security agencies / Jurisdiction / Security

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

Brexit / Data protection / Data transfer / Jurisdiction / safe harbour

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

Data protection / Law enforcement / Security / Surveillance / terrorism

New Air Passenger Data Processing Rules to Apply from 2018

Ready, steady, go… Clock countdown formally starts for the reform of three major pieces of EU data legislation! It’s finally final – three separate pieces of data privacy-related legislation in the EU will be coming into effect soon: As anticipated by Sophie last month here, the final version of the General Data Protection Regulation (GDPR) … Continue reading

Data protection / Law enforcement / terrorism

The European Commission announces that data protection ‘umbrella agreement’ negotiations are concluded

With Schrems and safe harbours in the spotlight, what does the conclusion of a US-EU umbrella agreement actually mean for EU citizens and US-EU relations? With news in Sophie’s recent post here on the recent judgement of the CJEU in Schrems v Data Protection Commissioner, the purpose of this post is to discuss the recent … Continue reading

Data protection / Data transfer / safe harbour

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

Data protection / Privacy / safe harbour / Surveillance

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