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Tag Archives for " CJEU "

Privacy Shield and Standard Contractual Clauses will be assessed by European Courts

On the first and second of the July, the General Court of the European Union (which is part of the Court of Justice of the European Union (CJEU)) will hear a case against the EU-U.S. Privacy Shield brought by three French NGOs, La Quadrature du Net, French Data Network and Fédération FDN.

A week later, on 9 July, the CJEU will hear arguments in Schrems II, in which the Irish High Court has referred 11 questions relating to whether the European Commission’s Standard Contractual Clauses (SCCs) provide an adequate level of protection for personal data which is transferred to the US.

Judgments in these cases are expected towards the end of 2019 or beginning of 2020. there is high probability that either or both the Privacy Shield and SCCs will be invalidated as a mechanism for transferring personal data outside the EU, in a similar manner to the invalidation of Safe Harbor in 2015.

Source: Transfers on Trial: Privacy Shield and Standard Contractual Clauses go before the European Courts

Privacy Shield complaint to be heard by Europe’s top court in July

A legal challenge to the EU-US Privacy Shield, a mechanism used by thousands of companies to authorize data transfers from the European Union to the US, will be heard by Europe’s top court this summer.

The General Court of the EU has set a date of July 1 and 2 to hear the complaint brought by French digital rights group, La Quadrature du Net, against the European Commission’s renegotiated data transfer agreement which argues the arrangement is still incompatible with EU law on account of US government mass surveillance practices.

Source: EU-US Privacy Shield complaint to be heard by Europe’s top court in July

Brussels Court of Appeal refers Facebook case to CJEU

Belgian Data Protection Authority (DPA) announced, on 8 May 2019, that the Brussels Court of Appeal issued its judgment in relation to the DPA’s proceedings against Facebook, Inc., following the pleading of the parties to the Court on 27 and 28 March 2019.

DPA highlighted that the Court did not rule on the merits of the case and decided to refer it to the Court of Justice of the European Union (CJEU) to be assessed in line with the General Data Protection Regulation (GDPR) seeking to ensure that the DPA can pursue the case against Facebook.

Source: Belgium: Brussels Court of Appeal refers Facebook case to CJEU

Ireland’s Supreme Court to rule on Facebook data transfer appeal

The Supreme Court will rule by June 6th on Facebook’s appeal over a High Court decision to refer key issues concerning the validity of European Commission decisions approving European Union-United States data transfer channels to the European Court of Justice (CJEU).

The referral was made by the High Court in proceedings by the Data Protection Commissioner arising from complaints by Austrian lawyer Max Schrems that the transfer of his personal data by Facebook to the US breached his data privacy rights as an EU citizen.

Source: Supreme Court to rule on Facebook data transfer appeal

EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

On March 21, 2019, Advocate General Szpunar released his opinion in the Planet49 case, currently pending before the Court of Justice of the European Union (CJEU). The case centers on the use of consent for the processing of personal data and consent for the use of cookies.

In the Advocate General’s view, the pre-ticked box for cookies does not provide a valid active consent under the GDPR nor under the ePrivacy Directive. Moreover, he considers that the ePrivacy Directive’s consent requirement for cookies applies irrespective of whether the collected data qualify as personal data.

Source: EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

CJEU to clarify scope of copyright infringement data requests

The EU’s highest court has been asked to clarify what information copyright holders have a legal right to obtain from online platforms and intermediaries about internet users who are allegedly responsible for infringing their rights.

Source: CJEU to clarify scope of copyright infringement data requests

European Court confirms journalism exception for citizen-journalists, but not in France?

Under European data protection law, journalists enjoy some regulatory exemptions when processing personal data for journalistic purposes, balancing the right to the protection of personal data with the principle of freedom of expression.

A question which has however sparked some debate is whether so-called citizen journalists, such as bloggers, can rely on the derogation for journalistic purposes as well. In its judgment of 14 February 2019 in the Sergejs Buivids v. Datu valsts inspekcija case, the Court of Justice of the European Union (CJEU) has answered this question affirmatively.

Source: EU: European Court confirms journalism exception for citizen-journalists, but not in France?

Irish DPA asks Supreme Court to uphold ruling in Facebook case

Facebook wants to alter High Court findings on issues concerning the validity of EU-US data transfer channels because it “doesn’t like them” and does not want them put before the Court of Justice European Union (CJEU), the Data Protection Commissioner has told the Supreme Court.

A core issue in Facebook’s appeal is whether there is any legal entitlement to appeal a referral to the CJEU.

Source: Facebook wants to alter findings because ‘it doesn’t like them’, court told

EU court advised to limit scope of ‘right to be forgotten’

Search engines should not be forced to alter their search results for users outside of the EU when complying with ‘right to be forgotten’ requests made under EU data protection laws, a senior adviser to the EU’s highest court has said.

Full article: EU court advised to limit scope of ‘right to be forgotten’

‘Right to be forgotten’ by Google should apply only in EU, says court opinion

The “right to be forgotten”, which enables claimants to request the removal of links to irrelevant or outdated online information about them, should not be enforceable globally, the European court of justice (ECJ) has found in a preliminary opinion.

The controversial power, requiring search engines to prevent access to material on the internet, should be enforceable only in the EU and not worldwide, the court’s advocate general, Maciej Szpunar, said. Final judgments by the ECJ usually endorse initial opinions.

Full article: ‘Right to be forgotten’ by Google should apply only in EU, says court opinion | Technology | The Guardian

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