I just attended today’s online LIBE meeting on possible solutions following the CJEU’s “Schrems II” decision, where it was recognized that the question of data transfers to third countries is fundamentally a geopolitical matter before being a legal one. In this way, legal certainty should be re-established as soon as possible – but such an achievement ...
After the official statements of the European Data Protection Board (EDPB) and several Supervisory Authorities (SAs), it is clear that at the moment there is no practical way for data to lawfully flow from the EU to the US. The reasoning in 5 steps: On 16 July 2020 the Court of Justice of the European Union (CJEU) invalidated the European ...
This blog is part of a multi-part series, “A new age of data transfers”, which will explore the practical implications of the Court of Justice of the European Union’s judgement in Case C-311/18 “Schrems II”. Following the invalidation of the Privacy Shield on 16 July 2020 by the Court of Justice of the European Union, the situation ...
Today, 23 October 2019, the European Commission published its report on the EU-U.S. Privacy Shield, to which approximately 5,000 companies are participating. The results of the Report are largely positive and confirm that the US ensures an adequate level of protection for the data transferred to it from the EU. Furthermore, in the Report, ...
In her intervention at the "The General Data Protection Regulation one year on: Taking stock in the EU and beyond" event held on 13 June 2019, Commissioner Věra Jourová discussed the state of the art of the GDPR, also with the aim of providing input to the next Commission who "will have to start working ...
On May 31st the Supreme Court of Ireland denied Facebook’s appeal to avoid referral of its recent case concerning the international transfer of personal data to the European Court of Justice. You most likely remember the case brought forth by privacy activist and lawyer Max Schrems which questions whether the methods used by technology companies, and ...
On 5 July 2018 MEPs passed a resolution (303 votes to 223, 29 abstentions) to suspend Privacy Shield starting from 1 September 2018 until the United States is in full compliance with the terms of the agreement. Members of the European Parliament in doing so have called upon US authorities to remove companies that misuse personal ...
Earlier this month MEPs from the Civil Liberties Committee brought attention to the necessity of better monitoring Privacy Shield by way of a Motion for a Resolution to wind up the debate on the statement by the Commission pursuant to Rule 123(2) of the Rules of Procedure on the adequacy of the protection afforded by the EU-US ...
Today the European Commission published its first annual report on Privacy Shield, which is of fundamental importance with respect to international data transfers, having implications for both the EU and US economies. After one year, the Commission has confirmed that Privacy Shield is fit for its purpose, protecting the data of subjects whose data is ...
“The supervisory authorities should have the power to prohibit or suspend a data transfer or a set of transfers based on the standard contractual clauses in those exceptional cases where it is established that a transfer on contractual basis is likely to have a substantial adverse effect on the warranties and obligations providing adequate protection ...
Top-tier European ICT, Privacy & Cybersecurity lawyer. Professor of Privacy, Cybersecurity, and IT Contract Law at the European Centre on Privacy and Cybersecurity (ECPC) within the Maastricht University Faculty of Law. Founding Partner of ICT Legal Consulting. Lead Auditor BS ISO/IEC 27001:2013.
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