Tag archives: CJEU

The right to be forgotten: the CJEU sides with Google in two landmark cases

Norton Rose Fulbright - Data Protection Report blog

On 24 September 2019 the Court of Justice of the European Union (CJEU) gave two judgments (Cases C-507/17 and C-136/17) ruling that: (i) de-referencing by Google should be limited to EU Member States’ versions of its search engine with some important qualifications; and (ii) when Google receives a request for de-referencing relating to a link to a web page on which sensitive data are published, a balance must be sought between the fundamental rights of the person requesting such de-referencing and those of internet users potentially interested in that information.

Google has already faced the issue … Continue Reading

CJEU Judgement: Dynamic IP Addresses Constitute Personal Data

Data Protection Report - Norton Rose Fulbright

On October 19, 2016, the Court of Justice of the European Union (CJEU) decided that the dynamic IP address of a website visitor is  “personal data” under Directive 95/46EC (Data Protection Directive) in the hands of a website operator that has the means to compel an internet service provider to identify an individual based on the IP address.… Continue Reading

Irish Data Protection Commissioner to Request Court Declaration as to Validity of Personal Data Transfers to the US Under EU Model Clauses

Data Protection Report - Norton Rose Fulbright

On May 25, 2016, Austrian law student Max Schrems issued a press release stating that he has been informed that the Irish Data Protection Commissioner (DPC) is planning to refer a question to the Court of Justice of the European Union (CJEU) as to whether the EU model clauses remain a valid data transfer mechanism to the US, given the issues raised by the CJEU in its Schrems v. Facebook ruling last October, on mass surveillance of communication by US intelligence agencies and the lack of legal redress where this is disproportionate for EU data subjects. … Continue Reading

CJEU Advocate General Opinion: Dynamic IP Addresses are Personal Data; Member States cannot limit processing permitted by the Data Protection Directive

Data Protection Report - Norton Rose Fulbright

On May 12, 2016, the Court of Justice of the European Union’s (CJEU) Advocate General, Campos Sánchez-Bordona, published his opinion on a question referred to the CJEU for a preliminary ruling. The opinion argues that dynamic IP addresses should be considered to be personal data under European law. Moreover, the opinion asserts that Member States’ laws that limit the ability to store such personal data beyond the restrictions permitted in Directive 95/46EC (the Data Protection Directive) are non-compliant with European law. Although the CJEU’s final decision does not have to follow this opinion, the advocate general’s arguments are followed more … Continue Reading

CJEU decision in Schrems: what businesses should do next

Data Protection Report - Norton Rose Fulbright

This week, the Court of Justice of the European Union (“CJEU”) ruled that the EU-US Safe Harbor Decision is invalid in Case C-362/14 (the “Schrems” case).  This followed a similar opinion from its Advocate General, which also sets out the facts of the case.

The decision will impact businesses that rely on the EU-US Safe Harbor to legitimize their storage in, or access from, the US of personal data that is subject to EU data protection rules. It could affect cloud service providers, companies that use cloud services, intragroup shared services and any other export flows to the US … Continue Reading

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