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Tag: EU Law Analysis Blog

Data Protection: “You Were Only Supposed to Blow the Bloody Doors Off!”: Schrems II and external transfers of personal data – Lorna Woods

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

Data retention and national law: the ECJ ruling in Joined Cases C-203/15 and C-698/15 Tele2 and Watson (Grand Chamber)

tele2The 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

Case Law, CJEU: VKI v Amazon, Which data protection and consumer law applies to Amazon? – Lorna Woods

amazonThe 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

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