Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Safe Harbor European Court Data Protection Ruling

By Andr' Bywater and Gayle McFarlane
November 02, 2015

On Oct. 6 of this year, the 'European Court of Justice gave a very important judgment about EU data protection law in the so-called Schrems case, where it ruled as follows:

  • The EU Safe Harbor regime is invalid; and,
  • National EU Member State data protection regulators have the power to investigate complaints about the adequacy of the level of protection of data transfers to the U.S., and to suspend data transfers if they conclude that the U.S. (or indeed any other jurisdiction outside the EEA) does not provide an adequate level of protection.

All U.S. business transferring personal data from the EU need to take note of this judgment and consider what to do as a result.

Background

Following the Edward Snowden U.S. surveillance revelations in 2013, an Austrian citizen and privacy activist, Maximillian Schrems, brought a legal challenge before the Irish High Court challenging his rejected complaint before the Irish data protection regulator. He had claimed before the Irish regulator that the U.S. does not offer protection against surveillance by its 'intelligence authorities of data transferred to the U.S. from the EU. In this case, Schrems' data was being transferred from Facebook's Irish subsidiary to the U.S.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

The Benefits of Blockchain for e-Discovery and Data Preservation Image

As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.