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P&H’s Data Protection Breakfast on 28 October 2015

28.10.2015

Associates Anna Liinamaa and Hanna Nylund presented on the recent changes to the data protection landscape following the CJEU’s Schrems and Weltimmo decisions and the upcoming EU data protection package at P&H’s Data Protection Breakfast on 28 October 2015. Please find short summaries of the cases below:

On 6 October 2015, the CJEU declared the European Commission’s U.S.-EU Safe Harbor Decision invalid in the high-profile Schrems case (C-362/14) stemming from Facebook’s transfer of personal data to the U.S. The Safe Harbor framework has enabled companies to transfer personal data from the EU/EEA to the U.S. in a way that was initially deemed consistent with the EU Data Protection Directive. However, the CJEU found in its ruling that the Safe Harbor regime does not meet the requirements of the Directive and that it does not provide an adequate level of protection of personal data. Following the decision, EU national data protection authorities may suspend transatlantic transfers of personal data made by some 4,000 companies relying on the Safe Harbor. The CJEU referred the case back to the Irish High Court, which is likely to order the Irish Data Protection Commissioner to conduct a full investigation into the legitimacy of transfers of Facebook’s European subscribers’ data to the U.S. and whether such transfers should be suspended.

The decision can be found  here.

 

Moreover, on 1 October 2015 the CJEU addressed the issue of applicable law in data protection matters in the Weltimmo case (C-230/14) involving a Slovakian company operating a website selling Hungarian properties. Following the CJEU’s decision, it is no longer certain that companies operating in the EU will only be subject to the data protection laws of the member state where the company is established. If the company’s websites and services are targeting other member states as well, the laws of these states may become applicable.

The decision can be found  here.


For further information, please contact:
Anna Liinamaa

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