In late 2015, the European Court of Justice (ECJ) issued its initial Schrems decision, invalidating the EU/US Safe Harbor and leading to important developments in the rules for transferring personal data from the EU to the US. Since that decision, Mr. Schrems has pursued two further legal proceedings in the EU. The first involves Mr. Schrems’ challenge in […]
Litigation
Data Protection Litigation to Become a New Reality in Belgium
On November 16, 2017 the Belgian Senate adopted an “Act on the Establishment of the Data Protection Authority” (the “Act”). Following Austria, Germany, and the UK, Belgium is the fourth EU Member State to pass a domestic statute implementing the General Data Protection Regulation 2016/679 (“GDPR”) prior to its effective date of 25 May 2018. […]
Professor Peter Swire Publishes his Expert Testimony from Schrems 2.0
Peter Swire, Elizabeth and Thomas Holder Chair at the Georgia Tech Scheller College of Business and senior counsel at Alston & Bird, has made public his expert testimony from the landmark Irish High Court Case Data Protection Commissioner v. Facebook Ireland Limited & Maximillian Schrems. Under the Irish Court’s rules, Swire was asked to provide […]
Eighth Circuit Affirms Dismissal of Scottrade Data Breach Suit
The United States Court of Appeals for the Eighth Circuit recently affirmed the district court’s dismissal of a putative class action brought by customers of the brokerage firm Scottrade in the wake of an alleged data breach impacting Scottrade in 2013. The named plaintiffs had asserted several contract-based claims against Scottrade, alleging that Scottrade had […]
Northern District of Illinois Dismisses Barnes & Noble Data Breach Lawsuit
Earlier this month, the United States District Court for the Northern District of Illinois entered an order dismissing with prejudice a putative class action concerning a security breach affecting PIN pad devices at numerous Barnes & Noble locations. The lawsuit, In re Barnes & Noble Pin Pad Litigation, No. 12-cv-8617 (N.D. Ill.), was brought by […]