This article considers the reasons that brought the European Court of Justice to declare the invalidity, first of the Safe Harbor and subsequently also of the Privacy Shield. To do this, it analyses the way that led to the drawing up of the Privacy Shield Agreement that regulates the personal dataflow from the European Union to the United States and its subsequent invalidity, declared by the Court of Justice of the European Union. The analysis begins with a description of the different approaches to personal data protection by both the US and the EU. Starting from the principles that constituted Read More
WTO Dispute Settlement System in crisis: Can ad hoc members
The paralysis of the Appellate Body poses a danger for the survival of the WTO trade system. How could ad hoc members provide a solution to the appeal gridlock?Read More
International negotiation between Mexican and Chinese businesses: Why is it
When concluding contracts in a Western “legal” culture, the parties normally write lengthy contracts with numerous clauses. Perhaps, this is to justify the legal fees to our clients. When reviewing the first sales contract between Asian parties, I recall being genuinely surprised. The contract was short with very concise clauses, possibly even double spacing. Of […]Read More
The European Court of Justice (ECJ, Case C-311/18) has declared the EU-US agreement on the so-called Privacy Shield invalid. This agreement regulates the conditions for ensuring that the transfer of personal data of EU citizens or residents to the USA meets the requirements of the European Data Protection Regulation (DSGVO). To this end, US companies […]Read More