With the entry into application of the GDPR on May 25, 2018, the EU Member States were expected to have adopted national legislation implementing the regulation. To date, however, only 30% of Member States have effectively passed legislation, which still leaves the legal landscape to be precarious. The GDPR allows for deviations and specifications in […]
Cross-border
European Parliament’s Civil Liberties Committee Targets EU-U.S. Privacy Shield, Cloud Act
On June 12, 2018, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) passed a resolution calling on the European Commission to suspend the EU-U.S. Privacy Shield unless the U.S. fully complies with the framework’s requirements by September 1, 2018. With a vote of 29 votes in favor, 25 opposed, and 3 […]
Irish High Court Refers Schrems 2.0 to the ECJ
On April 11, Justice Caroline Costello of the Irish High Court referred the Schrems 2.0 case to the Court of Justice of the European Union (ECJ) with 11 questions for the ECJ to answer. Per Justice Costello, the sole issue in the case is whether the European Commission’s Decisions regarding standard contractual clauses (SCCs) are […]
The CLOUD Act and its Impact on Cross-Border Access to the Contents of Communications
On Friday morning, March 23, President Trump signed the $1.3 trillion omnibus spending bill into law, including the Clarifying Lawful Overseas Use of Data (CLOUD) Act, and in doing so established a sea change in the rules for cross-border government access to the contents of electronic communications. The CLOUD Act consists of three core components: […]
Supreme Court Hears Oral Argument in the Microsoft Ireland Case
On Tuesday, February 27th, the U.S. Supreme Court heard oral argument in United States v. Microsoft Corp. on whether a warrant issued under the Stored Communications Act (SCA) can compel the production of data stored outside the United States. Where Microsoft argues that the emails stored outside the United States also lie outside the reach […]