In a momentous judgment, the European Court of Justice (“ECJ”) today invalidated the European Commission’s decision establishing the E.U.-US Safe Harbor for transfers of personal data (“Safe Harbor Decision”). The ruling was made with record dispatch, following on an Advocate General Opinion recommending invalidation that was delivered to the Court only two weeks ago. Facts […]
Online Privacy
Swire Challenges Factual Basis of Schrems Decision
In an article published today, Senior Counsel Peter Swire challenges the factual basis for the Advocate General’s recent opinion in the so-called “Schrems case” against the E.U.-U.S. Safe Harbor framework. Thousands of U.S. businesses rely on the Safe Harbor framework in order to support the transfer of data from the European Union. As previously discussed […]
Safe Harbor Framework in Jeopardy after Advocate General Decision
Today, Advocate General Yves Bot advised the European Court of Justice that the US-EU Safe Harbor framework for the protection of trans-Atlantic transfers of personal data is invalid. The long awaited Opinion of the Advocate General in the so-called “Schrems case” (Case C-362/14 Maximilian Schrems v. Data Protection Commissioner) has now been published. The case […]
RadioShack Agrees to Significant Limitations in Sale of Customer Data Following Pressure from State Regulators and the FTC
In what may become viewed as the de facto standard for selling customer information in bankruptcies, a Delaware bankruptcy court approved, on May 20, 2015, a multi-party agreement that would substantially limit RadioShack’s ability to sell 117 million customer records. The agreement was entered into by RadioShack Corp., General Wireless Inc., and 17 state attorney generals as […]
Alston & Bird issues a Privacy and Security ADVISORY on Russia’s new Data Localization Law
Today, Alston & Bird issued a Privacy and Security ADVISORY on Russia’s new Data Localization Law will take effect in September, 2015. Penalties for non-compliance can be severe, including suspension of offending websites. Our Privacy & Data Security Group gives details on the law, the compliance challenges facing U.S. companies, and the solutions available to them. […]