With the year drawing to a close, it seems an opportune time to take stock of some of the key globally relevant data protection developments in 2015 and extract a few trends which are set to continue in 2016.
After years of consulting, drafting and negotiating at various levels, on 15 December 2015 the final compromise text of the EU General Data Protection Regulation (“GDPR”) was agreed. What a milestone! Once the European Parliament and Council both adopt the agreed text, the GDPR will officially come into force.
The EU’s Court of Justice has ruled that a clause in a property lease, between a mall owner and a supermarket “anchor tenant”, which gives that tenant the ‘right to approve’ the granting of leases to competing stores is not anti-competitive ‘by object’.
The Weltimmo judgment by the Court of Justice of the European Union on 1 October 2015 has potentially far-reaching implications in practice as it addresses a question frequently faced by multinationals operating across multiple EU jurisdictions, namely which one of the various national data protection laws they must comply with.
Any company or organisation that finds itself as the ‘middle man’ in contacts between competitors or which has dealings with such a middleman must take care, as a flurry of recent EU cases has demonstrated. Any company that directly facilitates those contacts is in very dangerous waters indeed.
In a recent decision, the Court of Justice of the European Union (ECJ) determines how the term “establishment” used in the EU Data Protection Directive 95/46/EC must be interpreted and thereby on the applicability of national data protection law in cases with a cross-border context as well as on the power of national data protection authorities in this regard. This has practical implications.
With the steady increase of global regulation and enforcement across all industries in today’s commercial world, the conduct by companies of independent and credible internal investigations is swiftly being recognised as a standalone area of expertise
With a long-awaited decision, the European Court of Justice (ECJ) causes headache and turbulences to manufacturers, importers and distributors of all kinds of products to be placed on the market in the European Union.
[row][double_paragraph] On 21 October, the European Commission issued the first two tax rulings State aid decisions finding the…
The EU Commission may fine companies merely for helping other undertakings run a cartel, the European Court of Justice held on 22 October 2015 – but under which conditions?