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ARTICLE · 29 JANUARY 2016

Data Protection Day 2016: The Ever-Changing Landscape Of Data Protection

MacRoberts
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The GDPR stretches across EU borders affecting non-EU based businesses. Such businesses must also adhere to the obligations and duties set down by the GDPR when offering a services within the EU.

European UnionPrivacy
David Flint
David Flint
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To mark Data Protection Day 2016 this update provides a summary of the two big data protection issues which stole the headlines in 2015: the General Data Protection Regulation and the invalidation of the Safe Harbor data transfer mechanism in Maximillian Schrems v Irish Data Protection Commissioner.

The Schrems Case

2015 saw the apparent demise of Safe Harbor, a pre-approved mechanism for transferring data between the European Union and the United Sates. The privacy activist Max Schrems brought a case against Facebook claiming that his right to privacy had been breached as a result of Facebook transferring his data from the EU to data centres in America for processing.

The Court of Justice of the European Union handed down a landmark ruling finding the Safe Harbor mechanism to be invalid with immediate effect. The Article 29 Working Party approved the use of model clauses and binding corporate rules as an interim alternative to Safe Harbor and set a date of

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