It’s a new year in privacy, and as usual, there are many things to watch. Here are 5 burning questions:
5 Privacy Law Questions for 2023

It’s a new year in privacy, and as usual, there are many things to watch. Here are 5 burning questions:
I’m pleased to announce that Paul Schwartz and I have launched a new casebook, EU Data Protection and the GDPR. Developed from the casebook Information Privacy Law, this paperback contains key cases and materials focusing on privacy issues related to the GDPR and data protection in the European Union. Topics covered include the GDPR, Schrems cases, […]
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 […]
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 […]
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 […]
My quick synopsis of Schrems I and Schrems II.
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 […]
In this video, Daniel Solove (TeachPrivacy, GW Law), Justin Antonipillai (Wirewheel), and Andy Dale (Alyce) discuss the challenge of writing privacy notices, Schrems II, and other privacy issues.
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 […]