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Whittling down the collective interest
10 August 2020On Friday 31 July, the Cypriot parliament voted against the Comprehensive Economic and Trade Agreement (CETA) with Canada. This latest development in the ratification process of CETA illustrates perfectly how facultative mixity continuously frustrates our collective interest in seeing the development of a European public sphere by forcing the discussion on European issues in isolated national public spheres. -
No copyright protection for technical works by lawyers: Italian supreme court of cassation
28 July 2020The Italian Supreme Court of Cassation sez. I Civile, case n. 10300/20 (registered on May 29th), puts a hold on the proliferation of copyright protection and reasons that technical writings by lawyers - when functional to the provision of typical forensic services - cannot be protected. An attorney drafted anti-counterfeiting Regulation –containing critically acclaimed and extremely innovative content – is neither a work of authorship nor is sufficiently original. -
The Court of Justice: the guardian of personal data
27 July 2020On 16 July 2020, the Court of Justice (Court) handed down its judgment on the long-anticipated Schrems II case. The saga began with Schrems I case, in which the Court ruled upon an Adequacy Decision, the EU-US Safe Harbour Decision, which aim was to facilitate the transfer of personal data to the United States, subjected to the participation of the US business in the scheme. The Court showed its teeth and declared the EU-US Safe Harbour Decision invalid. -
Schrems-II: the verdict is in, the Privacy Shield gone
20 July 2020A few weeks ago, I predicted on this blog that 16 July 2020 would be the most important day of the year, for privacy professionals, because of an expected judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU). And I must say: the Court did not disappoint. 16 July has come and gone, and the international privacy community has its work cut out for the coming weeks. In his verdict , the CJEU has invalidated the EU-U.S. agreement known as the Privacy Shield, and has put severe restrictions on the use of the so-called Standard Contractual...
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