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Regional Court of Vienna judges in Schrems against Facebook case

On June 30th, 2020, the Vienna Regional Court passed judgement in the case of Max Schrems against Facebook Ireland Limited, in the case number 3 Cg 52/14k-91 (in German). In the following, we will be presenting the case and the court’s judgement. Facts of the case In the years 2011, 2012, 2013, 2015 and 2019, […]

Advocate General’s opinion on “Schrems II” is delayed

The Court of Justice of the European Union (CJEU) Advocate General’s opinion in the case C-311/18 (‘Facebook Ireland and Schrems’) will be released on December 19, 2019. Originally, the CJEU announced that the opinion of the Advocate General in this case, Henrik Saugmandsgaard Øe, would be released on December 12, 2019. The CJEU did not provide […]

CJEU judges the EU-US Privacy Shield invalid

On June 16th, 2020, the Court of Justice of the European Union (CJEU) has declared the invalidity of Decision 2016/1250, therefore rendering protection granted to data transfers under the EU-US Privacy Shield inadequate. The background The case originated in a complaint of Mr. Max Schrems against Facebook Ireland regarding the transfer of his personal data […]

Transatlantic Data Transfers in light of the Two Year Anniversary of GDPR Application

In the last two years since the General Data Protection Regulation (GDPR) came into effect on May 25, 2018, it has received an overall positive feedback and structured the data protection culture not only in the European Union, but has set an example for international privacy standards. However, especially from the American side of the […]

Advocate General releases opinion on the validity of SCCs in case of Third Country Transfers

Today, Thursday 19 of December, the European Court of Justice’s (CJEU) Advocate General Henrik Saugmandsgaard Øe released his opinion on the validity of Standard Contractual Clauses (SCCs) in cases of personal data transfers to processors situated in third countries. The background of the case, on which the opinion builds on, originates in the proceedings initiated […]

Hearing on the legal challenge of SCC and US-EU Privacy Shield before CJEU

On Tuesday last week, the European Court of Justice (CJEU) held the hearing on case 311/18, commonly known as “Schrems II”, following a complaint to the Irish Data Protection Commission (DPC) by Maximilian Schrems about the transfer of his personal data from Facebook Ireland to Facebook in the U.S. The case deals with two consecutive […]

EU-US Privacy Shield and SCCs facing legal challenge before the EU High Courts

Privacy Shield, established between the European Union (EU) and the United States of America (US) as a replacement of the fallen Safe Harbor agreement, has been under scrutiny from the moment it entered into effect. Based on the original claims by Max Schrems in regards to Safe Harbor (C-362/14), the EU-US data transfer agreement has […]

Under the new GDPR: Complaints against Google, Instagram, WhatsApp and Facebook

On the 25th of May, the day the General Data Protection Regulation (GDPR) came into force, noyb.eu filed four complaints over “forced consent” against Google (Android), Instagram, WhatsApp and Facebook. The complaints filed by the organisation (None Of Your Business) led by Austrian activist Schrems could result in penalties worth up to 7 billion euros. […]

Irish High Court refers Facebook case to the CJEU

On October 3rd 2017, the Irish High Court publicised it will refer the Facebook case to the Court of Justice of the European Union (CJEU). The lawsuit is based on a complaint to the Irish Data Protection Commissioner filed by Max Schrems, an Austrian lawyer and privacy activist. Schrems was also involved in the case […]

WP29 – Statement on 2016 Action Plan for the GDPR

The WP29 has recently published a statement with regards to the action plan in order to implement the EU GDPR (General Data Protection Regulation). The 2016 Action Plan is based on the following four priorities, which are relevant for the tasks of the WP29 and their subgroups. 1. Building up the EDPB (European Data Protection Board) structure and its administration The […]

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