The GDPR’s impact on the ability of U.S. litigants to conduct discovery of EU personal data is an issue that has received scant legal analysis. In a recent article for The Legal Intelligencer, Philip N. Yannella discusses the challenges, and potential costs, awaiting U.S. litigants as they attempt to conduct EU discovery under the GDPR.

You can check out the article here.

The lawsuit by Austrian lawyer and serial plaintiff, Max Schrems, against Facebook suffered a setback in a ruling by the Court of Justice of the European Union (CJEU) last week. Schrems sought to bring class action-type claims on behalf of 25,000 participants worldwide in his home country of Austria, alleging that Facebook violated European Union privacy law when it assisted the United States National Security Agency’s PRISM surveillance program. Specifically, Schrems alleged that there is no adequate level of protection of European citizens’ Facebook data when it is transferred to the United States, because it could be accessed by US authorities without individualized suspicion. According to Schrems, Facebook’s collaboration with US authorities violated the Austrian data protection law of 2000, the Irish Data Protection Act of 1998, and Directive 95/46/EC of the European Parliament. Continue Reading CJEU Issues Mixed Ruling for Schrems’ Class Action Against Facebook

Among the more significant changes under the GDPR are new limitations on the use of consent to permit the processing of personal data. Recent WP29 guidelines on consent expand on previous opinions (for example Opinion 15/2011 regarding the definition of consent or Opinion 06/2014 regarding the legitimate interests of data controllers) and confirm that the use of consent must pass a very high bar to be effective under the GDPR.

Consent is one of six lawful bases to process personal data under the GDPR.  Article 4(11) of the GDPR defines consent as: “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.” Continue Reading Analysis: WP29 Guidelines on Consent Under the GDPR