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EDPB issues guidance on data transfers following Schrems II

Following the recent judgment C-311/18 (Schrems II) by the Court of Justice of the European Union (CJEU), the European Data Protection Board (EDPB) published “Recommendations on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data” on November 11th. These measures are to be considered when assessing the […]

First judicial application of Schrems II in France

France’s highest administrative court (Conseil d’État) issued a summary judgment that rejected a request for the suspension of France’s centralized health data platform – Health Data Hub (HDH) – on October 13th, 2020. The Conseil d’État further recognized that there is a risk of U.S. intelligence services requesting the data and called for additional guarantees. […]

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 […]

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, […]

Portuguese DPA Orders Suspension of U.S. Data Transfers by National Institute of Statistics

On April 27, 2021, the Portuguese Data Protection Authority “Comissão Nacional de Proteção de Dados” (CNPD) ordered the National Institute of Statistics (INE) to suspend any international data transfers of personal data to the U.S., as well as other countries without an adequate level of protection, within 12 hours. The INE collects different kinds of […]

GDPR fines and data breach reports increased in 2020

In 2020 a total of €158.5 million in fines were imposed, research by DLA Piper shows. This represents a 39% increase compared to the 20 months the GDPR was previously in force since May 25th, 2018. Since that date, a total of € 272.5 million in fines have been imposed across Europe under the General […]

EDPS considers Privacy Shield replacement unlikely for a while

The data transfer agreements between the EU and the USA, namely Safe Harbor and its successor Privacy Shield, have suffered a hard fate for years. Both have been declared invalid by the European Court of Justice (CJEU) in the course of proceedings initiated by Austrian lawyer and privacy activist Max Schrems against Facebook. In either […]

The Controversy around the Council of the European Union’s Declaration on End-to-End Encryption

In the course of November 2020, the Council of the European Union issued several draft versions of a joint declaration with the working title “Security through encryption and security despite encryption”. The drafts were initially intended only for internal purposes, but leaked and first published by the Austrian brodcasting network “Österreichischer Rundfunk” (“ORF”) in an […]

EDPB extends consultation period for suplementary measures drafts in 42nd Plenary Session

On November 19th, the European Data Protection Board (EDPB) met for its 42nd plenary session. During the session, the EDPB presented two new Standard Contractual Clauses (SCCs) drafts, which have been developed after the Schrems II decision to give more legal certainty to data transfers, as well as extended the public consultation period on transfer […]

Microsoft reacts on EDPB’s data transfer recommendations

Microsoft (“MS”) is among the first companies to react to the European Data Protection Board’s data transfer recommendations (please see our article), as the tech giant announced in a blog post on November 19th. MS calls these additional safeguards “Defending Your Data” and will immediately start implementing them in contracts with public sector and enterprise […]

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