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 […]
European Union (EU)
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 […]
European Data Protection Supervisor Releases Opinion on Mobile Health
The European Data Protection Supervisor (“EDPS”), Giovanni Buttarelli, has published an opinion on Mobile Health (“mHealth”); a rapidly evolving sector that stems from the convergence of healthcare and information communication technology. mHealth includes mobile applications designed to provide health-related services through smart devices by processing personal information about an individual’s health, well-being, and lifestyle. The […]
The Digital Single Market Strategy and EU Data Security Policies
The landscape of data security regulation within the European Union will likely change drastically over the next few years. In just the latest indicator of this regulatory revolution, the European Commission adopted on May 6, 2015 the heavily anticipated Digital Single Market (DSM) strategy, a multifaceted package of initiatives aimed at reducing or eliminating barriers […]