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Data, Tech & IP

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“Despite our Differences” – The Book

During the last four years, the blog “Despite our Differences” was a relevant source of comments and developments for the community of EU lawyers. It covered important events like Brexit, the Court’s growing case-law on fundamental rights, the rule of law crisis or the reform of the EU judiciary. Thousands of readers followed regularly the posts and shared them. Now that the...

The Commission Publishes its Third Annual Review of the Functioning of the EU-U.S. Privacy Shield

Yesterday the European Commission published the third annual review on the functioning of the EU-U.S. Privacy Shield, as a result of the ongoing dialogue between both administrations and high-level meetings held in Washington D.C. on 12-13 September 2019. Although the report is generally positive about the implementation of the Privacy Shield in the U.S., it points out several issues that remain...

Workers on Camera and López Ribalda vs Spain. The ECHR Reviews its Case-Law on Hidden Video Cameras at Work

Last week the European Court of Human Rights delivered a Grand Chamber ruling on the protection of workers subject to video surveillance at work. The case raises an important issue in the field of industrial relations, but also in the protection of privacy at the workplace. The decision is even more relevant because the Grand Chamber overruled a prior chamber judgment in the same case and...

Extraterritoriality and Technology Part II. The Facebook Judgment and the Issue of Coherence with the Google Judgment

Yesterday, in the case of Glawischnig-Piesczek, the Court of Justice ruled that the e-commerce Directive does not preclude Member States from ordering a host provider to remove unlawful information which it stores, as well as identical information of the kind. This is a heavy burden that will fall on online service providers, particularly information or social platforms. The case concerned...

Extraterritorial Enforcement of Fundamental Rights after Google v CNIL

The judgment of the Court of Justice in case C-507/17 Google v CNIL addresses the territorial scope of the ‘right to be forgotten’ (RTBF). In its earlier landmark ruling Google Spain, the Court held that search engine operators may be obliged to de-reference personal data, removing them from the results returned by the search engine. However, neither the Court in Google Spain nor the EU...

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