Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard...more
In November 2024, the Local Division (LD) Mannheim of the Unified Patent Court (UPC) issued the UPC’s first-ever substantive decision on standard essential patents (SEPs) and fair, reasonable, and non-discriminatory (FRAND)...more
On 27 February 2025, the EU's Court of Justice delivered its ruling on a case referred to it by the French Cour de Cassation concerning whether or not asymmetric jurisdiction clauses are valid as a matter of EU law;...more
EU’s Highest Court Rules on Automated Decision-Making - The Court of Justice of the EU (“CJEU”) recently issued a significant ruling regarding the scope of data subjects’ right of access under the GDPR in relation to...more
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. ...more
In politically uncertain times, is your organisation’s data transfer compliance unquestionable? The EU-U.S. Data Privacy Framework (DPF) serves as a useful mechanism for transatlantic data transfers, and it can assist...more
On April 1st, 2025, the General Court of the European Union held its first hearing on the request initiated by member of French parliament Philippe Latombe for annulment of the EU-U.S. Data Privacy Framework (“DPF”) further...more
The boundary between medicinal products and medical devices remains a recurring issue for companies developing or marketing borderline products and courts, which has already been the subject of numerous decisions. Recently,...more
Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more
In the EU, the surge in private damages actions following the transposition of the Private Damages Directive (PDD) at member state level has brought to the fore several novel legal questions, prompting national courts to...more
On February 27 2025, the Court of Justice of the European Union (CJEU) delivered a judgment in CK v Dun & Bradstreet (Case C-203/22). This judgment clarifies the GDPR provisions regarding the right of access to personal...more
On 14 January 2025, the Advocate General proposed that the European Court of Justice (the ‘CJEU’) annul the EU Directive on adequate minimum wages. The annulment of a directive is rare, with the outcome of the CJEU’s decision...more
On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a landmark decision (C-537/23) addressing the validity of asymmetric jurisdiction clauses under Article 25 of the Brussels Recast Regulation. While...more
The Court of Justice of the European Union (CJEU) issued a decision significantly expanding the capabilities of both the Unified Patent Court (UPC) and the national courts in EU Member States to issue cross-border injunctions...more
In a decision that may cause some concern, the CJEU has held that asymmetric EU jurisdiction clauses are only valid under EU law if they designate with sufficient precision the alternative jurisdictions in which proceedings...more
The Court of Justice of the European Union (CJEU) has delivered a landmark ruling in BSH Hausgeräte v. Electrolux that significantly expands the jurisdictional reach of EU courts in cross-border patent infringement cases. The...more
The Court of Justice of the European Union (CJEU) reinforces the liability of the distributor in claims for damages caused by defective products in cases of identity between the name of the distributor and the brand it...more
Advocate General Spielmann opines that personal data can be pseudonymous in the hands of one party and anonymous in the hands of another....more
The CJEU has decided that the maximum thresholds for GDPR fines should be calculated using the global turnover of the broader corporate group, not solely the infringing entity....more
The Luxembourg Parliament recently enacted a law reforming the Trade and Companies Register (RCS) and the Register of Beneficial Owners (RBE) laws. This reform is a direct response to the decision of the Court of Justice of...more
COMPETITION - Appeal brought on 11 December 2024 by Silgan Holdings Inc., Silgan Holdings Austria GmbH, Silgan International Holdings BV, Silgan Metal Packaging Distribution GmbH und Silgan White Cap Manufacturing GmbH...more
In Seraing v FIFA e.a., Advocate General Capeta (AG) has taken the view that the principle of effective judicial protection means that EU Member State courts should be able to fully review the compliance of an award of the...more
COMPETITION - Judgment of the Court of 30 January 2025 in Case C-511/23, Caronte & Tourist SpA Vs. Autorità Garante della Concorrenza e del Mercato, interveners; Unione nazionale consumatori - Comitato regionale della...more
In a landmark judgment delivered on 29 January 2025, the General Court of the European Union has affirmed the European Data Protection Board‘s (EDPB) authority to require national supervisory authorities to broaden their...more
The Spanish Tax Court clarified that a sale and lease-back transaction carried out between an entity and a bank does not qualify as a supply of goods (here Real Estate) for VAT purposes, but as a financing transaction....more