Tag Archives: Court of Justice

ILN Today Post

Court of Justice of Rio Grande Do Sul condemns furniture store using unlicensed software

The 5th Civil Chamber of the Rio Grande do Sul Court of Justice (TJ-RS) condemned a furniture store to pay, as compensation, 10 times the market value for each software used without the respective license.

The lawsuit was filed by several technology companies after they allegedly identified which computer programs they were using were being used by the unlicensed store.

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Video criticizing financial institution will not have to be removed from Youtube

In a recent decision, the São Paulo Court of Justice denied a request from Banco Bradesco requesting the removal of video published on Youtube containing criticism of the investment fund of the financial institution.

According to the decision, the Rapporteur considered that the criticism made in the video did not exceed the limits of the legitimate exercise of the right to free expression of thought guaranteed by article 5, item IV of the Federal Constitution, since the consumer has the right to expose Dissatisfaction with the services provided by the bank. Moreover, according to the Rapporteur, consumer criticism does not offend the objective honor of Banco Bradesco, since it is one of the largest private banks in the country.

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ILN Today Post

The Court of Justice Ruling: US Safe Harbor Not Valid

The Court of Justice of the European Union (CJEU) has in a ruling on 6 October 2015 – Maximillian Schrems versus the Data Protection Commissioner ¹, declared the decision by
the European Commission on the adequacy of US Safe Harbor ², to be invalid.

The case concerns a complaint from Maximillian Schrems, an Austrian citizen, to the Irish Data Protection Commissioner regarding Facebook’s transfer of personal data from the EU to the US. The personal data of Facebook users within the EU is collected by Facebook’s subsidiary in Ireland and then transferred to servers hosted by Facebook’s US entity. The transfer is conducted on the basis of Facebook US Safe Harbor certification. Mr Schrems argued that the US and the Safe Harbor regime did not offer an adequate level of protection for the personal data of EU citizens as the US authorities could get hold of the personal data for non-specific surveillance and monitoring operations – this in light of the revelations made in 2013 by Edward Snowden concerning the activities of the US intelligence services, in particular the NSA. The Irish authority rejected the complaint. The High Court of Ireland, before which the case was brought, asked the CJEU for a preliminary ruling.

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