Court decision

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Data export: EU provides more clarity after Schrems II
ByRob Bratby 17 November 202017 November 2020

In documents published last week, the EU provided some welcome clarity on how organisations should address the invalidation of Privacy Shield as a basis for exporting personal data from the EU. On 10 November 2020, the European Data Protection Board (EDPB) adopted recommendations on ‘supplemental measures’, which can be considered to ensure compliance with the…

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Cloud computing | Court decision | Data protection | EU | Regulatory action | Services | UK | US

EDPB guidance on ‘supplemental measures’ for data export
ByRob Bratby 17 November 202024 November 2020

On 10 November, the European Data Protection Board adopted a recommendation on supplemental measures which might be used to ensure compliance with the EU level of protection of personal data when exported to third countries with an insufficient level of protection. The recommendation both sets out a process to be followed by data exporters and,…

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Cloud computing | Court decision | Data protection | EU | Regulatory action | UK | US

EU and US start work on enhanced Privacy Shield: Mr Schrems to be persuaded…
ByRob Bratby 11 August 202012 August 2020

On 10 August 2020, Following the European Court’s Schrems II judgment invalidating the US Privacy Shield (and calling into question the legal basis for other transatlantic data transfers), the EU Commission and US Department of commerce issued a short, joint statement: “The U.S. Department of Commerce and the European Commission have initiated discussions to evaluate…

Read More EU and US start work on enhanced Privacy Shield: Mr Schrems to be persuaded…
Cloud computing | Court decision | Data protection | EU | Regulatory action | US

Exporting data from the EU after Schrems II: what to do now
ByRob Bratby 31 July 2020

As previously discussed, the European Court of Justice’s recent Schrems II decision both (i) invalidated the US privacy shield; and (ii) threw into question alternative justifications for the export of personal data from the EU to the US. Whilst there is yet to be a substantive response from the European Commission, initial reactions from the…

Read More Exporting data from the EU after Schrems II: what to do now
Cloud computing | Court decision | Data protection | EU | US

European Court invalidates US Privacy Shield and questions blanket use of Standard Contractual Clauses
ByRob Bratby 17 July 202021 July 2020

Schrems II disrupts data export from EU: on 16 July 2020, the European Court of Justice decided, overturning the 2016 Privacy Shield Decision of the European Commission, that the US Privacy Shield did not, and does not, provide an adequate level of protection for the transfer of personal data from the EU to the US.

Read More European Court invalidates US Privacy Shield and questions blanket use of Standard Contractual Clauses
ASEAN | Brexit | China | Cloud computing | Commercial activity | Corporate governance | Court decision | Data protection | EU | Foreign direct investment | Government policy | M&A | Media | Outsourcing | Payment | Regulatory action | Technology | Telecoms | UK | US

Goodbye from Watching the Connectives
ByRob Bratby 30 March 201716 April 2020

To all my readers, thank you and goodbye. This blog is now an ex-blog.

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Court decision | EU | Fixed | Mobile | Regulatory action | Telecoms | UK

ECJ finds Data Retention Directive invalid. What next?
ByRob Bratby 10 April 2014

On 8 April 2014 the European Court of Justice ruled that the Data Retention Directive 2006/24/EC interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data. The Directive is declared invalid. Today’s post by Sylvie Rousseau and Matthias Vierstraete explains what the court decided and…

Read More ECJ finds Data Retention Directive invalid. What next?
Commercial activity | Court decision | Government policy | Hardware | M&A | Media | Mobile | Satellite | Services | Software | Technology | Telecoms

How serious is India about foreign investment as an engine for growth?
ByRob Bratby 13 April 2012

I will be spending next week in Mumbai and Delhi (with @singarbitration), and in preparation have been contemplating the impact of the recent budget proposals on foreign investment, and in turn the implications for the Indian economy. Before going on any trip, I like to remind myself of some basic economic facts, so my trusty EIU ‘World…

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Commercial activity | Court decision | M&A | Mobile | Telecoms

Indian Supreme Court decision in Vodafone tax case good news for international investors in India
ByRob Bratby 22 January 2012

The judgement of India’s Supreme Court on 20 Jan in the Vodafone tax case, removes (at least for now) some of country-specific risk that has been holding back investment by multi-national companies in India. Reduction in perceived risk is likely to encourage more investment in India by multi-national companies, particularly as Indian growth is driven to a…

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Commercial activity | Court decision | Hardware | M&A | Mobile | Software | Technology | Telecoms

Patent power (part 2) – Google buys Motorola Mobility
ByRob Bratby 15 August 2011

Today’s big news is Google’s acquisition of Motorola Mobility. What is fascinating is the logic for the deal. This is not a deal driven by customers or operating synergies – it is all about Motorola’s patents. The give-away is the final paragraph of Google’s announcement: “We recently explained how companies including Microsoft and Apple are banding…

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Broadband | Commercial activity | Court decision | Fixed | Mobile | Telecoms | UK

CAT considers dispute resolution whilst Ofcom publishes annual communications market review
ByRob Bratby 12 August 2011

Regular readers will have noticed that this blog has been rather quiet of late. Normal service will be resumed in September – for now my energies are being directed into writing up some original research on mobile money as well as a chapter on EU telecoms law for a textbook, so please bear with the rather…

Read More CAT considers dispute resolution whilst Ofcom publishes annual communications market review
Broadband | Court decision | EU | Singapore | UK

Ofcom publishes statutory backing for new PhonepayPlus rules
ByRob Bratby 29 July 2011

The watcher has been a bit quiet recently – caused by a combination of a business trip to Singapore and a holiday. Despite the holiday period there has been a lot going on including: yesterday’s UK case on site blocking; the EU Commission’s CEO summit on broadband investment; and the ECJ decision on intermediary liability in L’Oreal…

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