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Extraterritorial Application of European Data Protection Law. EU Data Protection Law First?

Bernd Schmidt General Data Protection Regulation, International Data Protection Leave a Comment

The General Data Protection Regulation (GDPR) widely expands application of European data protection law. Thus, non-European companies will fall increasingly within the scope of European data protection law. The scope of application in detail remains uncertain and can pose serious legal challenges to non-European companies. Where European data protection law claims its application there is a serious likelihood of conflicts …

The Applicability of the GDPR within the EEA

Bernd Schmidt General Data Protection Regulation, International Data Protection Leave a Comment

The General Data Protection Regulation (GDPR) is a legal instrument of importance for the European Economic Area (EEA). Pursuant to Article 7(a) of the Main Agreement on the EEA (EEA Agreement), all EEA-States are obliged to adopt the GDPR domestically. This applies not only to the EU member states but also to the EFTA States Iceland, Lichtenstein and Norway. The following …

Review: European Data Protection Law Review

Bernhard Freund General Data Protection Regulation, International Data Protection Leave a Comment

Data protection law is more than ever undergoing a radical change. The introduction of the EU’s General Data Protection Regulation (GDPR) and the continuous development of new technologies raise countless questions. If you want to stay informed about the latest discussions, trends and judgements, you need high-quality and up-to-date sources. The European Data Protection Law Review (EDPL) aims to meet this need. …

Commissioned Data Processing and International Data Transfer – GDPR Series, Part 4

Bernd Schmidt General Data Protection Regulation, International Data Protection Leave a Comment

Today involving data processors for processing personal data and outsourcing of business processes is a necessity for companies of practically any size and in any industry. Companies should therefore be aware of new rules, duties and risks imposed by the GDPR.

BREXIT – Future of Data Transfers to the United Kingdom

Bernd Schmidt General Data Protection Regulation, International Data Protection Leave a Comment

It was a serious shock when the British people voted for Britain to leave the European Union (EU). The consequences will be massive and also affect data protection law. When the common legal framework of the EU member states no longer spans the United Kingdom, there will be a need for justifying data transfers across the English Channel. Currently the …

From Safe Harbor to EU-US-Privacy-Shield – Future of International Data Transfers

Bernd Schmidt International Data Protection Leave a Comment

The ECJ Safe Harbor Ruling anuls the EU Commissions Safe Harbor Decision and puts the future of transatlantic data transfers at stake. A new approach for data transfers between EU and USA shall bring the solution: The EU-US-Privacy-Shield. Whether or not this will be successful is to the same degree uncertain as the legitimacy of international data transfers from the …