On November 6, 2015, the European Commission released a widely-anticipated Communication assessing the impact of the judgment of the European Court of Justice (“ECJ”) in the Schrems case (C-362/14), which invalidated the U.S.-EU Safe Harbor framework. Though the Communication is not legally binding, it provides useful guidance to companies on transfers of personal data to the […]
Privacy Litigation
Swire on Data Transfers After Schrems
Peter Swire, Alston & Bird Senior Counsel and Georgia Institute of Technology Scheller College of Business professor, has published an article on the path forward for E.U. / U.S. data transfers. Swire’s article offers a historical perspective on the European Court of Justice’s (ECJ) recent decision in Schrems. Schrems invalidated the Safe Harbor framework relied […]
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 […]
Third Circuit Affirms FTC’s Authority to Regulate Data Security
On August 24, 2015, the Third Circuit affirmed U.S. District Court Judge Esther Salas’ April 2014 ruling in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) that the FTC has the authority to regulate private companies’ cybersecurity practices under Section 5 of the FTC Act. (Prior blog posts on this case can be found here […]