All Court of Justice of the European Union articles
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Premium
EDPB decision sparks ‘consent or pay’ debate for Big Tech firms
Big Tech firms might need to rethink their plans to charge users for not selling their personal data for behavioral advertising following a decision by Europe’s primary data regulator.
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Assessing impact of court ruling on GDPR strict liability
The idea companies can be held “strictly liable” for violations of the European Union’s privacy rules was shot down, following a judgment from Europe’s top court relating to a case involving German property company Deutsche Wohnen.
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News Brief
Deutsche Wohnen earns CJEU win in high-profile GDPR appeal
German property company Deutsche Wohnen’s court win regarding a penalty levied against it for alleged violations of the General Data Protection Regulation carries notable ramifications for enforcement of the EU privacy law.
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News Brief
EU adopts Privacy Shield replacement for U.S. data transfers
The European Commission announced it adopted a new agreement with the United States to allow for transatlantic data flows without fear of violating the European Union’s General Data Protection Regulation.
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Premium
Experts: Austrian Post GDPR ruling offers clarity on damages compensation
A decision by Europe’s Supreme Court regarding Austria’s main postal service might make it easier for the bloc’s citizens to bring legal claims for privacy breaches—with potentially unlimited scope for damages.
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Privacy Shield replacement on track, though hurdles remain
The agreement on a new framework for transatlantic data flows between the United States and European Union could be finalized this year. Whether it can stand legal scrutiny is the real question.
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Article
Experts: AML efforts dealt blow by CJEU beneficial ownership ruling
Determining the true owner of a company might become more difficult after Europe’s top court ruled automatic access to registers of beneficial ownership conflicted with the right to privacy.
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Article
CJEU ruling opens Facebook, others to greater GDPR liability
The EU’s top court ruled any of the bloc’s national data protection authorities can pursue a privacy complaint against Facebook or any other Big Tech firm and not just the supervisory authority where the company has its European headquarters.
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Article
CJEU opinion could further expose Big Tech under GDPR
Any European Union data protection authority should be allowed to pursue legal action against Big Tech firms over privacy issues, according to an opinion from the advocate general of the region’s top court.
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Article
European Commission: No Privacy Shield replacement in sight
The European Commission this week warned there will be “no quick fix” to replace the now-invalidated Privacy Shield, which governed data transfers between the European Union and United Sates.
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Article
EU data authorities take different approaches to Privacy Shield ruling
It appears Europe’s data authorities are prepared to interpret a key court judgement as they see fit in the absence of definitive guidance from the bloc’s primary privacy regulator.
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Article
Without guidance, U.S. companies in limbo after Privacy Shield scrapped
Despite a recent court ruling to scrap the EU-U.S. Privacy Shield, the program is apparently still alive and well in the United States. It’s time to move on, writes Aaron Nicodemus.
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Article
Europe’s top court strikes down U.S.-EU data transfer rule
In a surprise decision that will have a major impact on trans-Atlantic data transfers, Europe’s top court ruled Thursday that a mechanism used by thousands of companies to send data to the United States is unlawful.
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Article
Top EU advisor: Clauses used for EU-U.S. data transfers ‘valid’
Big Tech can breathe a sigh of a relief that the mechanisms it uses to transfer data outside of the European Union to “third countries” provide sufficient privacy protection, according to a key advisor to the EU’s top court.