Schrems Archives

Privacy

EU-US Privacy Shield invalid: Schrems II

In a bombshell decision in Schrems II released earlier today, the Court of Justice of the European Union (CJEU) found that the Commission decision finding the EU-US Privacy Shield to be adequate for transferring personal data to the U.S. is invalid. In what can only be seen as a double whammy, the CJEU also ruled that transferring personal data to the U.S. pursuant to standard data protection clauses adopted by the Commission could also be found to be invalid by local data protection authorities.…

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Privacy

Schrems, what the CJEU decided and why it is a problem for Canadian and other non-EU businesses (updated)

On October 6, 2015 the Court of Justice of the European Union (CJEU) released a bombshell, but not completely unexpected judgment, invalidating a decision of the European Commission that underpinned the EU-US privacy safe harbor. In Schrems v. Data Protection Commissioner [2015] EUECJ C-362/14 (06 October 2015), the CJEU held that supervisory data authorities in Member States have the joint right with the EU Commission to review whether non-EU countries provide adequate protection to personal data transferred to them from the EU despite a decision by the EU Commission that such protection is provided.…

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Privacy

Schrems brings down EU-US safe harbour

EU’s highest court struck a major blow to the EU-US safe harbour earlier today in the closely watched case, Schrems v. Data Protection Commissioner [2015] EUECJ C-362/14 (06 October 2015). The decision of the CJEU, which followed the earlier opinion of the Advocate General, is the worst privacy nightmare that could have been imagined by the thousands of US and EU based companies that rely on the safe harbour to transfer personal data to the US for processing. It affects giant social networks like Facebook, search engines like Google, cloud hosting providers, and thousands of other companies that do business in the EU and that transfer personal data to the US.…

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