Matheson’s technology and IP law blog

European Commission Adopts Privacy Shield

July 14th, 2016


On 12 July 2016, the European Commission (the “Commission”) formally adopted the ‘Privacy Shield’ framework for transatlantic data transfers from the EU to the US.  The Commission’s decision followed an approval by Member States on 8 July 2016. Privacy Shield replaces the ‘Safe Harbour’ agreement which was invalidated by the Court of Justice of the European Union (the “CJEU”) in the Schrems decision last year.  The relative speed with which the Privacy Shield has been finalised demonstrates the importance of… Read more…

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

October 20th, 2015


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 19th, 2015


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 7th, 2015


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…

Advocate General Issues Opinion on Validity of EU-US Safe Harbour Scheme

September 23rd, 2015


Advocate General Bot today delivered his opinion to the Court of Justice of the European Union (“CJEU”) in the landmark case of Schrems v Data Protection Commissioner.  This is a hugely significant case which will impact on thousands of multinational companies, many of whom operate in Ireland, who rely on the Safe Harbour scheme to legitimise transfers of personal data to the US. As discussed in our Crossfire blog post from June 2014, this case involves a preliminary reference from… Read more…