Posts about GDPR by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
In Facebook Ireland Ltd. v. Maximillian Schrems (Schrems II) (July 16, 2020), the European Court of Justice (CJEU) invalidated the Privacy Shield, a widely-used method to transfer personal data from the EU to the US. The decision also put other data transfer mechanisms—Standard Contractual Clauses (SCC) and Binding Corporate Rules (BCRs)—into significant doubt. The court’s concern was the deficiency of […]
Numerous privacy laws are requiring that companies provide individuals with data rights — rights to access their data, correct their data, learn about uses of their data, delete their data, and more. Administering these rights can be quite complicated for organizations.
In this video, I discuss the aftermath of Schrems II with Justin Antonipillai (Wirewheel) and Peter Swire (Georgia Tech and Alston & Bird). Peter Swire’s new Lawfare piece on how to address the individual redress issue is After Schrems II: A Proposal to Meet the Individual Redress Challenge.
Professor Paul Schwartz and I recently edited the Schrems II decision for our Information Privacy Law casebook. Schrems II is short for Facebook Ireland Ltd. v. Maximillian Schrems — the second challenge by Maximillian Schrems to the transfer of data between the EU and US. In Schrems I, the European Court of Justice (CJEU) invalidated the Safe […]
Yesterday, the European Court of Justice issued its decision in Facebook Ireland v. Schrems, a case known as Schrems II. The court’s opinion sent shock waves throughout the privacy world. I had a terrific discussion with Justin Antonipillai (Wirewheel), Gabriela Zanfir-Fortuna (Future of Privacy Forum), Ralf Sauer (European Commission), Jocelyn Aqua (PwC) and Bob […]
The European Court of Justice just issued its decision in Facebook Ireland v. Schrems, and the court’s opinion sent shock waves throughout the privacy world. I had a terrific discussion with Justin Antonipillai (Wirewheel), Gabriela Zanfir-Fortuna (Future of Privacy Forum), Ralf Sauer (European Commission), and Bob Litt (Morrison & Foerster, former General Counsel for the […]
The European Court of Justice has finally issued its decision in Facebook Ireland Ltd. v. Maximillian Schrems — otherwise known as Schrems II. The full text of the Schrems II opinion is here. The result: The US-EU Privacy Shield Framework is invalid. The Standard Contractual Clauses are valid. Ultimately, this means that it is still […]
This cartoon is about the GDPR’s lawful basis requirement to process personal data. One of the biggest differences between U.S. and EU privacy law is that in the U.S., organizations can collect and use personal data in nearly any way they choose as long as they state what they are doing in their privacy notice […]
It is an understatement to say that a lot has happened in privacy law during the past decade. Here is my list of the most notable developments. NOTE: I am giving a particular emphasis to what I find to be notable from a United States perspective. What is notable privacy law depends upon where one […]
This cartoon depicts the challenges of multi-jurisdictional privacy law compliance. In 2018, organizations scrambled to comply with the GDPR. In 2019, businesses are scrambling to comply with the California Consumer Privacy Act (CCPA). And, there will be a new referendum on privacy law in California next year — CCPA 2.0. There’s a flurry of legislative […]