Crossfire

Matheson’s technology and IP law blog

Key Points in relation to the return of Schrems Case to the Irish High Court

October, 2015

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Today, 20th October, the Schrems case returned for a hearing to the Irish High Court and these are the key points that arose: • Mr Schrems (who was present in Court and had his costs awarded) was keen for the Irish Data Protection Commissioner (“DPC”) to begin its investigation as soon as possible in light of the delay since the case began and the possibility of the DPC delaying pending renegotiation of Safe Harbour; • Hogan J (the presiding Judge… Read more…

Article 29 Working Party statement on Schrems case

October, 2015

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On Friday 16 October, the Article 29 Working Party (the advisory body composed of representatives from each Member State’s data protection authority, the European Data Protection Supervisor and the European Commission) (the “Working Party”) issued a statement clarifying certain implications of the ruling. The Working Party noted that it is absolutely essential for the national data protection authorities to have a common position on the implementation of the Schrems judgment. The Working Party reiterated the CJEU’s ruling that massive and… Read more…

Safe Harbour Declared Invalid by CJEU

October, 2015

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On 6 October 2015, the Court of Justice of the European Union (“CJEU”) issued a ruling, in the case of Schrems v Data Protection Commissioner, which undermines the use of the safe harbour scheme (“Safe Harbour”) as a basis for transferring personal data to US companies. The decision has implications for all EU companies who transfer data to US companies which are Safe Harbour certified, and not simply for those located in Ireland, where the Schrems case originated.  The judgment… Read more…