Some readers may recall that in June 2018 the Court of Justice issued a press release, to the effect that, in keeping with the General Data Protection Regulation (GDPR), the Court had taken the following decision: Continue reading
The International Forum for Responsible Media Blog
Tag: EU Law Analysis Blog
The Court of Justice today handed down the much anticipated ruling on the legality of standard contractual clauses (SCCs) as a mechanism to transfer personal data outside the European Union. It forms part of Schrems’ campaign to challenge the ‘surveillance capitalism’ model on which many online businesses operate: there are other challenges to the behavioural advertising model ongoing. Continue reading
Juliet famously asked: “Romeo, Romeo wherefore art thou Romeo?” And then adds: “What’s in a name? That which we call a rose by any other word would smell as sweet.” Having an unfortunate name (like Montague, if you have the misfortune to fall in love with a Capulet) can be challenging. But what about having no name? Continue reading
The ubiquity of social media platforms and their significance in disseminating information (true or false) to potentially wide groups of people was highly unlikely to have been in the minds of the European legislators when they agreed, in 2000, the e-Commerce Directive (Directive 2000/31/EC) (ECD). Continue reading
The 21 December 2016 judgment in these important cases concerns the acceptability from a human rights perspective of national data retention legislation maintained even after the striking down of the Data Retention Directive in Digital Rights Ireland (Case C-293/12 and 594/12) (“DRI”) for being a disproportionate interference with the rights contained in Articles 7 and 8 EU Charter of Fundamental Rights (EUCFR). Continue reading
The recent CJEU judgment in VKI v Amazon (C-191/15) concerns jurisdiction both in the context of conflict of laws (applicable consumer laws) and the Data Protection Directive. Essentially, the Court of Justice had to decide which Member State’s data protection law should apply where goods are sold across national borders but within the EU. In this, it forms part of a stream of case law (both decided and pending), dealing with the powers of states (and their institutions) to protect those within their boundaries notwithstanding the digital internal market. Continue reading
The Advocate-General’s opinion of 19 July 2016 concerns two references from national courts which both arose in the aftermath of the invalidation of the Data Retention Directive (Directive 2006/24) in Digital Rights Ireland dealing with whether the retention of communications data en masse complies with EU law. Continue reading
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