International data transfers in the recent CJEU case-law.
Invalidation of the Privacy Shield

Paola Nebbia offers an analysis of the CJEU’s seminal judgment in the Schrems II case against the general backdrop of the invalidation of the European Commission’s Privacy Shield. She underscores the role played by data controllers or processors in ensuring that the data subject is granted a sufficient level of protection, the standard contract clauses and the wider implications for data transfers to third countries.

Paola Nebbia

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Question 1 of 3

Question 1: Under Art 4(2) of the Information Society Directive (Directive 2009/29) , the distribution right shall not be exhausted:

within the Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder or with his consent.

at international level in respect of the original or copies of the work, except where the first sale or other transfer of ownership of that object is made by the right holder or with his consent.

within the Community in respect of the original of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder and without his consent.

Question 2 of 3

Question 2: According to the Information Society Directive, exhaustion of the distribution right applies:

to the intangible object of a protected work.

to the tangible object of a protected work.

to both intangible and tangible object of a protected work.

Question 3 of 3

Question 3: In order to avoid infringement of reproduction right, the original acquirer reselling copy of a computer program:

must make own copy unusable.

must make own copy usable for a limited time period.

must save a copy of the work.

International data transfers in the recent CJEU case-law.
Invalidation of the Privacy Shield

Information

Free version

Premium version

Chapters

Question 1 of 3

Question 1: Under Art 4(2) of the Information Society Directive (Directive 2009/29) , the distribution right shall not be exhausted:

Question 2 of 3

Question 2: According to the Information Society Directive, exhaustion of the distribution right applies:

Question 3 of 3

Question 3: In order to avoid infringement of reproduction right, the original acquirer reselling copy of a computer program:

Summary

e-Presentation ended

International data transfers in the recent CJEU case-law. Invalidation of the Privacy Shield

Information

Free version

Premium version

Chapters

Question 1 of 3

Question 1: Under Art 4(2) of the Information Society Directive (Directive 2009/29) , the distribution right shall not be exhausted:

Question 2 of 3

Question 2: According to the Information Society Directive, exhaustion of the distribution right applies:

Question 3 of 3

Question 3: In order to avoid infringement of reproduction right, the original acquirer reselling copy of a computer program:

Summary

e-Presentation ended

International data transfers in the recent CJEU case-law.
Invalidation of the Privacy Shield