Alex Sobolev is an associate in the Technology Companies Group in London. He advises technology led companies, from start-ups to multinationals, on the intellectual property and commercial aspects of technology transactions, as well as general IP and data privacy strategy and compliance.
Alex's work centres on e-commerce and software, and covers both contentious and non-contentious matters. He has advised companies at all stages of the corporate lifecycle, from software development and product launch, through technology licensing, sale and purchase, to mergers and acquisitions of IP and tech-heavy businesses. He has assisted organisations with the implementation of their brand strategy, advising on infringement claims and risk management, as well as product compliance, liability and recalls.
Alex is also engaged in assisting clients with the design, development and implementation of global data protection and compliance policies, as well the management of risk and security associated with data retention, processing and transfer.
On November 11, 2020, the European Data Protection Board (EDPB) published its long-awaited guidance on what parties to international data transfers should be doing to perform such transfers in a manner compliant with the Regulation (EU) 2016/679 (the General Data Protection Regulation or GDPR) in light of the European Court of Justice’s (CJEU) decision in Case C-311/18 Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (Schrems II).
Unfortunately, the draft guidelines provide no panacea for companies engaged in international data transfers of personal data from the EEA to third countries. Instead, organizations face 55 pages of guidance that provide few workable solutions for international data transferors—apart from a lengthy protocol for conducting risk assessments. READ MORE
In one of the world’s first test cases regarding the legality of the use of automated facial recognition and biometric technology, on 11 August 2020 the English Court of Appeal handed down judgment in R (Bridges) v CC South Wales. The court found that the use of this technology by the South Wales Police Force violated privacy, equality and data protection laws. READ MORE
Today the European Court of Justice (CJEU) published its highly anticipated judgement in the case of Data Protection Commissioner Ireland v Facebook Ireland Limited, Maximillian Schrems, colloquially known as “Schrems 2.0”. There were three key elements to the decision:
Whatever the outcome of Schrems 2.0, the key takeaway is, don’t panic.
Tomorrow, July 16, 2020, the European Court of Justice (CJEU) is expected to rule in the case of Data Protection Commissioner Ireland v Facebook Ireland Limited, Maximillian Schrems, colloquially known as “Schrems 2.0”.
The main ingredients haven’t changed much for this long-awaited sequel to the decision that invalidated the Safe Harbor regime in 2015: Austrian data protection activist Max Schrems, Facebook Ireland, Ltd, and another commonly used international personal data transfer mechanism on the chopping block for invalidation.
This time around the court is considering the validity of the Standard Contractual Clauses (SCC) adopted by the European Commission, which goes beyond EU-U.S. transfers and could affect most agreements governing data sharing between the EU and the rest of the world. Regardless of the outcome, tomorrow’s decision is going to have a profound impact on the way international data transfers are treated for years to come – but the key takeaway is not to panic. In this blog post, we have set out the three potential rulings open to the CJEU and what steps you can take to following such a ruling. READ MORE