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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: european court of justice

Posted in International/EU Privacy

EDPB Signals Efforts on International Data Transfers as CJEU Review of Current Tools Draws Near

The European Court of Justice recently published plans to issue its much awaited decision in CJEU case C-311/18 on July 16. The ruling will impact how organizations lawfully transfer personal data from the EEA to jurisdictions not providing an “adequate” level of data protection in accordance with the GDPR. The ruling will specifically address the validity of the European Commission’s standard contractual clauses and it may also affect operation of the EU-US Privacy Shield. On May 18, the European Data Protection Board published a report on its 2019 activities that may signal whether it plans to influence further development of this area.

Posted in International/EU Privacy, News & Events

Germany Publishes English Version of its National GDPR Implementation Act

The German Ministry of Interior affairs has published an English translation of the new Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). On 27 April 2017 the German Parliament passed the BDSG in order to make use of the opening clause provided for in the EU General Data Protection Regulation (GDPR). This bill has been controversial; see here for an interview with Jan Albrecht, Stefan Brink and Tim Wybitul.

The new BDSG replaces its national predecessor, which has been in force for the last 40 years. The new BDSG is the first step toward adapting national German member State law to the provisions of the GDPR. With an effective date of 25 May 2018, the new BDSG will also form the basis for the adaption of further German data privacy acts to the GDPR. We note that several ministries have already indicated that they are preparing specific data privacy provisions concerning special processing situations like social security data protection, and we expect these provisions to follow the implementation of the BDSG.

This overview summarizes the major implications of the BDSG for companies operating in Germany.

Posted in International/EU Privacy

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into force in 2018. The Chronicle of Data Protection’s summary of the most relevant aspects of the draft bill can be found here. We turn now to a preliminary assessment and explanation of proposed bill, provided by German Data Protection and Freedom of Information Officer Dr. Stefan Brink, European Parliament member Jan Albrecht, and Hogan Lovells partner Tim Wybitul.

Posted in International/EU Privacy

ECJ Declares Data Retention Directive Invalid

In a decision rendered on 8 April 2014, the European Court of Justice (ECJ) declared the Data Retention Directive invalid. The Court’s decision was grounded on its conclusion that, by requiring the retention of the data falling within the scope of the Directive, and by allowing the competent national authorities to access those data, the Directive interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data.

Posted in International/EU Privacy

Recent ECJ Decision Embraces Targeting Theory of Jurisdiction

Last month, the Court of Justice of the European Union (ECJ) issued a ruling on the scope of EU member states’ jurisdiction over internet services. In Football Dataco Ltd v. Sportradar GmbH, the ECJ considered a jurisdictional issue related to the Database Directive, but its opinion could have broader implications for how the EU considers […]

Posted in International/EU Privacy

European Court Says Austrian DPA Not independent

The European Court of Justice held on October 16, 2012 that Austria’s data protection authority is not sufficiently independent, and therefore fails to comply with the requirements of the European data protection directive. The Court found that Austria’s DPA has too many links to the Austrian Federal Chancellery and that the EU Data Protection Directive’s requirement of “complete independence” is violated.