The Court of Justice of the European Union (CJEU)’s historic decision in Schrems II, in which the EU-U.S. Privacy Shield was invalidated, requires businesses to rethink the mechanism they can rely on to transfer personal data from the EU to the United States and other countries. After several EU data protection authorities (DPAs) published their reactions, the European Data Protection Board (EDPB), an association comprising, inter alia, national DPAs of all EU Member States, presented its guidance in form of an FAQ.

At the time of its publication, the guidance comprises 12 FAQs. It will be updated with further analysis. While the EDPB notes that supplementary measures may be necessary when using standard contractual clauses (SCCs), it fails to specify what that means but promises to provide more guidance in the future. Summarized below are the key takeaways from the EDPB’s guidance.
Continue Reading EDPB Issues Data Transfer FAQs in the Post Privacy Shield Area

The Court of Justice of the European Union (CJEU)’s historic decision in Schrems II, in which the EU-U.S. Privacy Shield was invalidated, requires businesses to rethink the mechanism they can rely on to transfer personal data from the EU to the United States and other countries. However, how the decision will be enforced remains

The Court of Justice of the European Union (CJEU) declares invalid a decision of the European Commission which attested that the EU-U.S. Privacy Shield provided adequate protection to personal data transferred from the EU to the U.S., if the receiving party had self-certified its adherence to the Privacy Shield Principles. At the same time, the

On October 1, 2019 the Court of Justice of the European Union (CJEU) issued a new judgment on the use of cookies which, under the EU E-Privacy Directive, requires users’ informed consent. The court decided that

  • the cookies consent cannot be obtained by using a pre-ticked consent checkbox; and
  • information must be provided to users

On Sept. 24, 2019, the Court of Justice of the European Union (CJEU) decided that the “right to be forgotten” does not require a search engine operator to carry out de-referencing on non-EU member state versions of its search engine.

Background

The case relates to a penalty of €100,000 that the French data protection authority,

On July 29, 2019, the Court of Justice of the European Union (CJEUfound that a website operator using a social media plugin is a joint controller with the social media company providing the plugin and can be held jointly liable in relation to such processing activities. Although the case was decided under