• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to secondary sidebar

Alston & Bird Privacy, Cyber & Data Strategy Blog

  • Home
  • Services
  • Events
  • Contacts

Swire Challenges Factual Basis of Schrems Decision

October 5, 2015 By Privacy, Cyber & Data Strategy Team

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 on this blog, Maximilian Schrems challenged Safe Harbor by arguing that regulators in each E.U. country should be permitted to make their own determination to accept or reject the framework. Last month, Advocate General Yves Bot recommended that the European Court of Justice accept Schrems’ argument. If the European Court of Justice adopts the Advocate General’s opinion, U.S. and European businesses will no longer be able to rely on Safe Harbor as a standard framework enabling data transfers out of the European Union. Swire’s article challenges the Advocate General’s opinion by explaining how the opinion is based on a fundamental misunderstanding of U.S. intelligence law and its evolution since the Edward Snowden leaks of 2013.

Filed Under: Data Protection, Data Security, Enforcement, Financial Privacy, Health Privacy, International, Mobile Privacy, Online Privacy, Privacy, Privacy Litigation, Privacy Policy, Regulation, Uncategorized Tagged With: European Court of Justice, European Union (EU), Max Schrems decision

Primary Sidebar

This blog is a service of Alston & Bird’s Privacy, Cyber & Data Strategy team and focuses on key data privacy and data security issues.


Receive email notifications when new posts are added.

Receive email notifications when new posts are added.


THE DIGITAL DOWNLOAD
Click here to see the editions

PRIVACY & CYBER EVENTS
Click here to see upcoming and past events

PRIVACY & CYBER MAILINGS
Click here to sign up

@ALSTONPRIVACY
Click here to follow us on Twitter

Secondary Sidebar

Categories

Recent Posts

  • Belgian Supervisory Authority Sanctions News Media Company for Violating Cookie Rules
  • DOJ Issues New Policy on CFAA Prosecutions
  • EDPB Issues Draft Guidelines on the Calculation of Administrative Fines
  • The California Privacy Protection Agency Solicits Public Input on Forthcoming Privacy Regulations
  • U.S. Department of Commerce Announces the Establishment of a Global CBPR Forum
Copyright © 2022 · Alston & Bird · All Rights Reserved. Privacy.