Dan Felz

In the Schrems II case, a central concern of the Court of Justice of the European Union (CJEU) concerned the lack of redress – the ability of an individual to invoke an effective remedy concerning foreign intelligence surveillance. The CJEU specifically stated that Article 47 of the EU Charter of Fundamental Rights, which requires an “effective remedy,” operates on “the premis[e] that data subjects must have the possibility of bringing legal action before an independent and impartial court.” In the [...]

In the IAPP piece New EU data blockage as German court would ban many cookie management providers, Dan Felz and Peter Swire examine the potential EU-wide impacts of a Wiesbaden court decision prohibiting a cookie management provider from utilizing a U.S.-based service to collect data, regardless of whether such data had ever actually been transferred out of the EU. Although the decision was made at the interim injunction stage and could thus be modified if the case proceeds to trial, its [...]