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…

The EU and US agree on new arrangement for trans-Atlantic data flows

February 2nd, 2016


  On 2 February, the European Commission announced that it had reached political agreement with the United States on a new framework for trans-Atlantic data  transfers, following the invalidation of Safe Harbour by the Court of Justice of the European Union (the “CJEU”) in the Schrems case in October 2015. The framework agreement, rebranded the “EU-US Privacy Shield”, was concluded between the EU and US through an “exchange of letters”, and has been approved  by the College of Commissioners.  The… Read more…

Agreement reached on new Data Protection Regulation

December 17th, 2015


On 15 December 2015, trilogue negotiations between the EU Commission, the European Parliament and the EU Council concluded with agreement being reached on the new General Data Protection Regulation (the “GDPR”). Agreement was also reached on a new data protection directive for the police and criminal justice sector (the “Directive”). The new package was first proposed in January 2012 and negotiations have been ongoing since. The GDPR aims to strengthen protection of fundamental data protection rights across the EU as… 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…

ICO signals progress of General Data Protection Regulation

August 31st, 2015


The UK’s Deputy Information Commissioner David Smith has suggested that detail about the contents of the draft General Data Protection Regulation should emerge by December this year. Mr Smith, in his blog last week, stated that trilogue negotiations between the Council of the European Union, the European Parliament and the European Commission are progressing well and that all parties are working to find a workable compromise between their individual texts. According to Mr Smith, a planned timetable which runs until… Read more…