Posted in Enforcement
Introduction Max Schrems’ privacy NGO, noyb, has sent hundreds of draft complaints to companies across Europe that it claims use unlawful cookie banners along with a guide of how to comply. noyb is giving these companies one month to make the changes to their cookie banners and consent management solutions before filing formal complaints with … Continue reading
Posted in Data Transfer, Regulatory response
Following the CJEU’s Schrems II ruling (case C-311/18 of July 16, 2020), transfers of personal data to the US are coming under close scrutiny by the German data protection authorities. Some German data protection authorities have announced that they will be taking a stricter approach against companies that fail to comply with the Schrems II … Continue reading
Posted in Data Transfer, Regulatory response
On 12 November, the European Commission published revised Standard Contractual Clauses (SCCs) and a draft implementing decision. A feedback period on the draft documents will run until 10 December. Therefore, it is not possible to give a precise date for when the draft SCCs will become final but it could be by the end of … Continue reading
Posted in Data breach, Data Transfer, Regulatory responseOn 6 October 2020, the Court of Justice of the European Union (CJEU) published two decisions that further define the permitted scope of governmental access to personal data. These decisions are relevant in two key areas: Complying with the Schrems II judgement: The judgment provides some guidance on how organisations should undertake the “case-by-case assessments” … Continue reading
Posted in General
Eureka! After burning the midnight oil, we’ve built an automated scanner to identify and sort the Schrems II risk of data flows for further legal handling. The scanner uses more than 20 different data points derived from network metadata to scan and classify data flows based on mass surveillance risk under the NSA’s so-called “Upstream” … Continue reading
In the immediate aftermath of the Schrems II judgement, Bruno Gencarelli (Head of the International data flows and protection unit at the European Commission) said that “Schrems II is data transfers from theory to practice”. There have been several major developments over the last couple of weeks (explained below) which show this to be an … Continue reading
On 16 July 2020, the Court of Justice of the European Union (CJEU) published its decision in the landmark case Data Protection Commissioner v Facebook Ireland Ltd, Maximilian Schrems and intervening parties, Case C-311/18 (known as the Schrems II case). While the EU-US Privacy Shield (Privacy Shield) has been completely invalidated, the Standard Contractual Clauses … Continue reading
Schrems II calls into question all transfers of personal information out of the EU that involve export to a country without an adequacy finding. While this affects countries in every region of the world, it does have particular ramifications for the US. US companies are likely to bear the brunt of this decision. First, because … Continue reading
Posted in Data breach, Enforcement, General, Regulatory responseThe Court of Justice of the European Union (CJEU) has today published its decision in the landmark case, known as Schrems II. While Privacy Shield has been completely invalidated, the Standard Contractual Clauses (SCCs) remain valid, but the court has emphasised obligations on the parties to the SCCs and Data Protection Authorities which have the … Continue reading
Posted in Compliance and risk management
Just when we thought our summers might have been looking a bit dull, it was announced that the Court of Justice of the European Union (CJEU) will be making its final ruling in Case C-311/18, Data Protection Commissioner v Facebook Ireland & Schrems on 16 July 2020. This judgement concerns the legality of the European … Continue reading
