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Spotlight AG: German, Irish and French Data Retention Rules Incompatible with EU Law 
19 January 2022 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2021
On 19 November 2021, Advocate General (AG) Campos Sánchez-Bordona published his opinion on pending cases before the CJEU that concern the question of whether national data retention regimes are compatible with EU law. The cases concern legislation in Germany, Ireland and France. According to the AG, the answers can already be inferred from the CJEU's recent case law. General and indiscriminate regimes for combating crimes cannot be justified. Read more
EU Data Protection
OSCE Makes Recommendations on Use of New Technologies for Border Management 
18 January 2022
Dr. Anna Pingen Dr. Anna Pingen
On 5 October 2021, the Organization for Security and Co-operation in Europe (OSCE) released a new policy brief on Border Management and Human Rights. The policy brief aims at providing an overview of the what the implications of collecting and sharing information in the … Read more
EU Schengen Data Protection
Commission Adopted Adequacy Decision for South Korea 
22 December 2021
Thomas Wahl Thomas Wahl
As of 17 December 2021, data can be transmitted from the EU to South Korea without any further safeguard being necessary. The European Commission adopted the adequacy decision for personal data transfers between teh EU and the Republic of Korea - as required by the EU's General Data Protection Regulation. Read more
EU Data Protection
EDPS Annual Report 2020 
9 July 2021
Dr. Anna Pingen Dr. Anna Pingen
On 19 April 2021, Wojciech Wiewiórowski, the European Data Protection Supervisor (EDPS), presented his Annual Report 2020. It focuses on the functioning of the EDPS and the challenges if is facing during the pandemic. In the latter context, the EDPS established an internal COVID-19 … Read more
EU Data Protection
Council Conclusions on PNR Transfers to Third Countries 
6 July 2021
Thomas Wahl Thomas Wahl
At its meeting on 7-8 June 2021, the JHA Council adopted conclusions on the transfer of passenger name record (PNR) data to third countries, in particular Australia and the United States, for the purpose of combatting terrorism and serious crime. Read more
EU Data Protection
Data Protection Scrutiny of Proposed Digital Green Certificate 
2 July 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 21 March 2021, the European Commission published a proposal for a Regulation introducing a framework for the issuance, verification, and acceptance of interoperable certificates to citizens on vaccination, testing, and recovery to facilitate free movement during the COVID-19 pandemic. In addition, on 17 March … Read more
EU Data Protection
Commission Endorses Adequacy Decision for South Korea 
2 July 2021 (updated 4 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
On 16 June 2021, the Commission initiated the procedure for adopting the adequacy decision for personal data transfers to the Republic of Korea. It will cover transfers of personal data to the Republic of Korea’s commercial operators and public authorities. Read more
EU Data Protection
CJEU Ruled on the Powers of National Data Protection Authorities 
2 July 2021
Thomas Wahl Thomas Wahl
In its ruling of 15 June 2021 in Case C-645/19, the CJEU (Grand Chamber) explained the conditions for the exercise of the powers of national supervisory authorities in cross-border processing of data. The CJEU held, that, under certain conditions, a national supervisory authority may exercise its power to bring alleged infringements of the GDPR before a court of that Member State (here: Belgium) even if it is not the lead authority in relation to that processing. Read more
EU Data Protection
Brexit: EP Criticises Commission’s Draft Adequacy Decisions 
29 June 2021
Thomas Wahl Thomas Wahl
In a resolution adopted on 21 May 2021 with a narrow majority of 344 against 311 votes, the European Parliament found that the European Commission’s assessment of the UK data protection law and practice is incomplete and inconsistent with the CJEU’s requirements for adequacy decisions. … Read more
EU Brexit Data Protection
EP: Commission Must Halt Adequacy Decisions that Do Not Comply with CJEU’s Standards 
29 June 2021
Thomas Wahl Thomas Wahl
As a reaction to the CJEU ruling in Schrems II, the European Parliament made several requests in a resolution adopted on 20 May 2021. Among other things, the Commission is requested to halt the adoption of new adequacy decisions with third countries without taking into account the implications of EU court rulings and ensuring full GDPR compliance. Read more
EU Data Protection
Commission Adopts Sets of Standard Contractual Clauses for Safe Data Transfers 
28 June 2021 (updated 5 years, 3 months ago)
Dr. Anna Pingen Dr. Anna Pingen
On 4 June 2021, the Commission adopted two standard contractual clauses (SCCs): one on controllers and processors in the EU/EEA and one on international transfers. With these two SCCs, the Commission is aiming to ensure safer personal data transfer by offering businesses a useful … Read more
EU Data Protection
EDPS Launched Two Investigations Following the “Schrems II” Judgement 
25 June 2021 (updated 4 years, 1 month ago)
Dr. Anna Pingen Dr. Anna Pingen
On 27 May 2021, the European Data Protection Supervisor (EDPS) launched two investigations following the Court of Justice ruling in Case C-311/18 Data Protection Commissioner v Facebook Ireland Ltd and Maximilian Schrems (“Schrems II”) of 16 July 2020 (→ eucrim 2/2020, 98-99). The two … Read more
EU Data Protection
Mutual Legal Assistance Agreement between EU and Japan to Be Revised 
15 June 2021
Thomas Wahl Thomas Wahl
On 1 June 2021, the Commission submitted a recommendation to the Council in which it seeks authorisation to open negotiations with Japan in order to amend the EU-Japan Agreement on mutual legal assistance in criminal matters. The Agreement entered into force on 2 January 2011. … Read more
EU Judicial Cooperation Data Protection
Spotlight CJEU Judgment on Compatibility of Interpol Searches and Arrests with Ne bis in idem Principle 
15 June 2021 (updated 4 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
States that are party to the Schengen Agreement can refuse to follow an Interpol red notice seeking extradition of an individual to a third country if he/she has already been finally tried in one of the Schengen States. The CJEU delivered this groundbreaking judgment on 12 May 2021 in Case C-505/19. Read more
EU Judicial Cooperation Police Cooperation Data Protection Ne bis in idem
EDPS Provides Opinion on Cybersecurity Directive 
20 May 2021
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 11 March 2021, the EDPS published its Opinion 5/2021 on the Proposal of 16 December 2020 for a Directive on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148 (→ eucrim 4/2020, 282). The current EU Network … Read more
EU Cybercrime Data Protection
EU Leaders Give Guidance on EU’s Digital Transformation 
26 April 2021
Thomas Wahl Thomas Wahl
The EU must enhance its digital sovereignty in a self-determined and open manner, said EU leaders at the video conference of the European Council on 25 March 2021. The Council is invited to swiftly examine the Commission’s Communication on the 2030 Digital Compass … Read more
EU Legislation Data Protection