On 9 November 2023, the Court of Justice of the European Union (CJEU) held that an EU Member State may not subject an information society service provider (ISSP) established in another EU Member State to general and abstract regulatory measures that deviate from measures of the Member State in which the ISSP is established (C‑376/22). In doing so, it declared the Austrian Communication Platforms Act and, by implication, many other national online platform regulations, inapplicable…
The European Union’s highest court, the Court of Justice of the European Union (CJEU), is evaluating the legitimacy of the EU standard contractual clauses (SCC). SCCs have been the bedrock of cross-border personal data transfers outside the EU for many years. Today, the advocate general (a.g.) has rendered an opinion on the Schrems II case. By way of brief background, Schrems II is a case before the Court of Justice of the European Union (CJEU)…
In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Julia Kaufmann, a partner at Baker McKenzie in Munich. In this episode, you will learn about: The Planet49 case and the ruling of the Court of Justice of the European Union Broader implications this case has beyond sweepstakes operators, how it will impact all website operators, and the huge elements of change in regards to cookies and affirmative consent Open questions…
Fact is that it is not per se illegal to transfer data from the EEA to the U.S. What has changed is that the blanket permission for transatlantic data transfers from the EEA to Safe Harbor certified U.S. companies has fallen away. Nonetheless, alternative transfer mechanisms, in particular Binding Corporate Rules and Standard Contractual clauses may be relied upon for lawfully transferring data from the EEA to the U.S. Further, derogations such as consent and performance of…