CJEU: Hearing in Case C-498/16 Schrems on Wednesday 19th July 2017 (Facebook – data protection – privacy rights)

Source: CJEU

Between 2011 and 2013, Mr Schrems brought a number of complaints against Facebook Ireland before the Irish Data Protection Commissioner which led to a reference for a preliminary ruling to the Court of Justice of the European Union in relation to the European Commission’s ‘Safe Harbour’ Decision (Case C-632/14).

Mr Schrems has now filed a class action against Facebook Ireland for breaches of Austrian, Irish and European privacy rules. He claims that certain clauses in the contracts entered into between Facebook Ireland Ltd, a subsidiary of the US company Facebook Inc., and Facebook users, are invalid on the basis of EU law governing consumer contracts.

Facebook Ireland argues that Mr Schrems cannot rely on the jurisdiction over consumer contracts because at the time he concluded his contract with Facebook Ireland he was using the social media site for commercial purposes. In addition, Mr Schrems cannot use the jurisdiction over consumer contracts for assigned claims on behal…

BEUC: European Court of Justice hears consumer collective action case against Facebook

Source: BEUC NEWS - 14.07.2017

On 19 July, the European Court of Justice (CJEU) is holding a hearing about an Austrian collective action against Facebook. Max Schrems, the Austrian data protection campaigner, has brought a case to court in Austria on behalf of 25,000 Austrian and foreign consumers to claim compensation from Facebook for violation of their privacy rights.

In September of last year the Austrian Supreme Court asked the CJEU to decide about the admissibility of Max Schrems’ collective action. In particular the CJEU was asked to look into two points:Can a consumer bring assigned claims of other consumers to the court of his home country, even if these consumers live in other EU Member States and non-EU countries?Should Max Schrems, who initially used Facebook only for private purposes, be considered a ‘consumer’ and therefore be eligible to bring the case before the court where he lives (Vienna) or did he loose this right since he engaged into other activities at a later sta…

EU Commission Answer - Follow-up in response to changes to the VAT Directive as regards rates of VAT applied to books, newspapers and periodicals

Commission response
See question(s) : E-003207/2017

11 July 2017 E-003207/2017
Answer given by Mr Moscovici on behalf of the Commission
The Commission proposal on value added tax (VAT) rates applied to books, newspapers and periodicals(1) was adopted on 1 December 2016 and negotiations on the text are still ongoing(2). It is a targeted proposal, which authorises Member States, without obligation, to align the reduced VAT rates they currently apply to books, newspapers or periodicals to electronically supplied publications.
The monitoring at EU level takes place as part of the review of the scope of reduced rates in line with Article 100 of the VAT Directive(3). To this extent, information is collected in respect of the VAT rates in place in each Member State.
Such information is currently published by the Commission in the document ‘VAT rates applied in the Member States of the European Union’(4), which primarily serves as an information tool for researchers, busin…

EPC Study: Rewarding quality journalism or distorting the Digital Single Market? The case for and against neighbouring rights for press publishers

Economic analysis: EPC - Fabian Zuleeg, Chief Executive & Chief Economist andIva Tasheva, Junior Policy Analyst
Legal analysis:  Deprez Guignot Associés - Professor Jean-Michel Bruguière, IP/Media lawyer and a professor at Grenoble University and Frédéric Dumont, Attorney & Partner
With the support of the Computer and Communications Industry Association (CCIA)
European legislators have taken on the ambitious task of adapting EU law to an increasingly digitalised world. As part of the European Commission’s strategy for the Digital Single Market, it is currently modernising EU copyright legislation. While copyright is an important tool to encourage investment in the creative industries, an ill-designed copyright reform would fail to deliver important objectives such as an efficient value chain and a functioning Single Market. It could also have a negative impact on society as a whole by limiting access to information, undermining media plurality and hampering innovation.
In September …

European Commission - Fact Sheet: Questions and Answers - EU Data protection reform package

Brussels, 24 May 2017 The data protection reform package which entered into force in May 2016 and will be applicable as of May 2018 includes the General Data Protection Regulation ("Regulation") and the Data Protection Directive for the police and criminal justice sector. The reform is an essential step to strengthening citizens' fundamental rights in the digital age and facilitating business by simplifying rules for companies in the Digital Single Market. What will change under the General Data Protection Regulation?  The Regulation updates and modernises the principles enshrined in the 1995 Data Protection Directive to guarantee privacy rights. It focuses on: reinforcing individuals' rights;strengthening the EU internal market;ensuring stronger enforcement of the rules;streamlining international transfers of personal data and;setting global data protection standards.The changes will give people more control over their personal data and make it easier to access it. They …