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The assignment of a claim refers to a situation where a creditor (the assignor) transfers the right to claim a debt from the debtor to another person (the assignee) who then becomes a creditor vis-a-vis the debtor (replacing in this role the original creditor). This mechanism is used by companies to obtain liquidity and access credit. At the moment, there is no legal certainty as to which national law applies when determining who owns a claim after it has been assigned in a cross-border case. The ...

Roaming Regulation review

Briefing 02-05-2022

The Roaming Regulation established the 'roam like at home' (RLAH) rule that mandated the end of retail mobile roaming charges as of 15 June 2017 in all EU Member States and EEA countries. The regulation is currently in force until 30 June 2022. The application of the RLAH rule has been a success, boosting the use of mobile devices while travelling to other EU/EEA countries. For instance, the use of data roaming increased 17 times in the summer of 2019 compared with the summer preceding the abolition ...

Regarding health data, its availability and comparability, the Covid-19 pandemic revealed that the EU has no clear health data architecture. The lack of harmonisation in these practices and the absence of an EU-level centre for data analysis and use to support a better response to public health crises is the focus of this study. Through extensive desk review, interviews with key actors, and enquiry into experiences from outside the EU/EEA area, this study highlights that the EU must have the capacity ...

International transfers of personal data

Auf einen Blick 12-05-2021

In its July 2020 Schrems II ruling, the Court of Justice of the European Union (CJEU) invalidated the European Commission's US adequacy decision on account of insufficient US data protection standards. Drawing from the judgment, personal data may – in principle – only be transferred to a third country outside the EU/European Economic Area if the third country ensures an 'essentially equivalent' level of data protection to that of the EU, or if supplementary measures are deployed to compensate for ...

This briefing finds that the Commission's impact assessment (IA) accompanying the regulation proposal (recast) on roaming is based on sound data and broad stakeholder consultations. Besides qualitative assessment, the IA presents also quantified estimates. The REFIT cost savings are only partially quantified. Further explanations would have benefited the analysis in the comparison of policy options.

Die für unseren gemeinsamen digitalen Handel so wichtige Übermittlung von Daten zwischen der Europäischen Union und dem Vereinigten Königreich ist nach dem Austritt des Vereinigten Königreichs aus der EU zu einem Problem geworden. Um entsprechende regulatorische und geschäftliche Entscheidungen treffen zu können, ist ein genaues Bild vom Stand der Dinge und den Perspektiven für den künftigen Austausch personenbezogener Daten zwischen der EU und dem Vereinigten Königreich notwendig. In dieser eingehenden ...

The Roaming Regulation established the ‘Roam-Like-At-Home’ (RLAH) rule that mandated the end of retail roaming charges as of 15 June 2017 in the EU. The Regulation will be in force until 30 June 2022. In 2021, the European Commission would review the Regulation, assessing its effects and the need to prolong it. The analysis of the Body of European Regulators for Electronic Communications (BEREC) shows that a regulatory intervention is still necessary to ensure the EU citizens can continue to benefit ...

Competition and consumer protection in the single market are often undermined by price discrimination based on residency. While many market players do not cooperate with the Commission, for instance not disclosing their pricing structure, Member States often do not have the means or the tools to collect and deliver the required information to the Commission. The SMIT proposal would provide the Commission with powers such as to request business-related information (e.g. cost structure or product volumes ...

The CJEU judgment in the Schrems II case

Auf einen Blick 15-09-2020

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on ...

On 14 September 2016, the European Commission proposed an updated regulation on the Body of European Regulators of Electronic Communications (BEREC). The proposal aims at transforming BEREC into a fully fledged agency. The Commission proposes allocating new tasks to BEREC and granting it legally binding powers. New tasks include providing guidelines for national regulatory authorities (NRAs) on geographical surveys, developing common approaches to meet end-user interests, and also developing common ...