Following the Court of Justice of the European Union’s (“CJEU”) decision in Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (“Schrems II”), the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) concluded in a position paper published on 8 September that the Swiss-US Privacy Shield no longer provides a valid mechanism for the transfer of personal data from Switzerland to the US.
Schrems II — Legal Analysis
With the EU-U.S. Privacy Shield declared invalid as a result of the Schrems II decision, there will be an immediate impact on the future of international data flows and potentially for your business.
Join OneTrust DataGuidance, Sidley, and speakers from industry for a webinar taking a detailed look at the Schrems II decision and discussing what additional safeguards may be required for international transfers following the decision, as well as legal analysis into whether there is essential equivalence between U.S. and EU privacy protections.
On July 23, 2020, the European Data Protection Board (the “EDPB”) published a set of important responses to a set of 12 frequently asked questions put forward to supervisory authorities regarding the recent Court of Justice of the European Union (“CJEU”) decision in Case C-311/18 – Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (“Schrems II”) (“FAQs”).
Below is a summary of the key take-aways from the EDPB’s FAQs, which is intended to address a range of topics including the lack of a grace period following the decision and the conditions surrounding the use of certain data transfer mechanisms:
In a decision with significant implications for international trade and cross-border data flows, the EU’s highest court – the Court of Justice of the European Union (“CJEU”) ruled on 16 July 2020 that a key legal mechanism (called the EU-US Privacy Shield program) used to enable transfers of personal data from the European Union (“EU”) was invalid, while also potentially requiring additional protections to be implemented when another key transfer mechanism (called Standard Contractual Clauses) is used. The case – Data Protection Commissioner v. Facebook Ireland, Max Schrems (“Schrems II”) – considered the validity of the EU-US Privacy Shield (“Privacy Shield”) program (a privacy certification made available for US organizations through an agreement between the European Commission and the US government) and Standard Contractual Clauses (“SCC”) (a form of international data transfer agreement made available for use by the European Commission).
The Supreme Court has recently granted Google permission to appeal the Court of Appeal’s decision in the case of Lloyd v Google LLC () EWCA Civ 1599). The class action brought against Google by Richard Lloyd, the former editor of consumer protection rights group “Which?”, relates to the alleged tracking of personal data by Google of 4.4 million iPhone users and subsequent selling of the users’ data to advertisers, without the users’ knowledge and consent. Google is now appealing the Court of Appeal’s decision granting Mr Lloyd permission to serve his representative action on Google. This landmark case is of particular importance as it has the potential to significantly widen the scope for claims to be brought in respect of a failure to protect data under the GDPR.
Join Us for Post-Decision Coverage of the Schrems II Case
On July 16, the Court of Justice of the European Union will release its much anticipated decision in the Schrems II case, evaluating the validity of key data transfer mechanisms, including Standard Contractual Clauses. The decision could impact the future of international data flows and your business.
We will host an immediate reaction and analysis with leading industry panelists on this landmark decision to understand its impact and what the future may hold.
The last two weeks have brought two important (although unrelated) rulings on the TCPA’s Autodialer Restrictions. First, on June 25, the Federal Communications Commission limited the applicability of the autodialer restrictions in the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), to an emerging texting technology. Second, less than two weeks later, the Supreme Court ruled that an exception to the TCPA’s autodialer restrictions for calls to collect federal debts was unconstitutional and expanded the statute’s reach.
Case: WM Morrison Supermarkets plc v Various Claimants  UKSC 12
In a decision that employers will welcome, the UK Supreme Court recently ruled that Morrison Supermarkets (Morrisons) was not vicariously liable for a data breach committed maliciously by a former employee who, acting to satisfy a personal vendetta against Morrisons, disclosed employee payroll data online.
With the use of CCTV on the rise, it has become increasingly important for controllers to find a framework in which the conflicting rights of those who are subject to such surveillance are balanced. In its recent decision of TK v Asociaţia de Proprietari bloc M5A-ScaraA EU:C:2019:1064 (TK), the CJEU considered whether the processing carried out by CCTV cameras was necessary and proportionate for the purposes of legitimate interests pursued by the controller.