Category: Association

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]

Update in the case of United States of America v. Microsoft Corporation

In the midst of the current privacy debate, on March 23, US President Donald Trump has signed a law that provides security authorities with extensive opportunities to access user data. The Clarity Lawful Overseas Use of Data Act (CLOUD) complements the existing Stored Communications Act (SCA) and requires American Internet companies to provide access to user data to US security authorities even when stored outside of the United States.

Citing this new law, the Justice Department asked the Supreme Court on March 30 to moot the case of United States of America (petitioner) v. Microsoft Corporation (respondent). In this case, Microsoft refused to provide the user data stored in Ireland to the US security authorities. The judges of the Supreme Court were now confronted with a law that explicitly allows, which should be judicially decided. Legislation actually anticipated the verdict.

In the beginning of this year ECLA filed a brief of amicus curiae with the Supreme Court in this case in support of respondent. The position of the United States created direct conflicts with EU data protection regulations that explicitly prohibit the very transfer the Government seeks and authorize sweeping administrative penalties and private lawsuits for violations of that prohibition. It was our intention to officially show our support with the company’s needs, because we too believe that the privacy policies are in need of further reform and that that we need new legislation and new international agreements. With the passage of the CLOUD Act, Congress has taken a first step in this direction.

With the new law, Congress has set clearer rules on how collaborations between US law enforcement agencies and foreign partners, and thus access to data residing on servers outside their own territory, should be handled. Microsoft supported the legislation, which also provides a way to facilitate — through bilateral agreements — foreign law enforcement agencies’ access to data held inside the United States.

The original warrant that was basis of the litigation was now withdrawn and the US Department of Justice has already obtained a new search warrant based on the Cloud Act.[/vc_column_text][vc_empty_space height=”50px”][/vc_column][/vc_row]

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]

ECLA board member Stephan Barthe and general managers Marcus M. Schmitt and Dr. Michael Henning met with representatives of the Portuguese company lawyers association – “Ordem dos Advogados – Instituto das Modalidades de Exercício da Advocacia (OdA)”. The “Instituto” of the federal bar association in Portugal was represented by Marta Cruz de Almeida, Isabel Malheiro Almeida, Armindo Ribeiro Mendes and Pedro Raposo.

The ” Instituto das Modalidades de Exercício da Advocacia” represents all lawyers in Portugal, which are not working in a law firm and therefore also company lawyers. The Instituto is the successor of the former “Instituto dos Advogados de Empresa”.[/vc_column_text][/vc_column][/vc_row]

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]

On 5 and 6 March 2018 Marcus M. Schmitt, general manager of the European Company Lawyers Association met with representatives from the company lawyers association in Finland “Teollisuus Lakimiesten Yhdistysry / Industrijuristföreningen r.f.” (TLY). Together with Tiina Lencioni, former president of the Finish organization and general counsel at Marimekko corporation and Jyri Juusela, member of the board of TLY and senior Legal counsel at Metsä group he discussed current developments of the status of company lawyers in Finland and challenges for the finish organization.

 

„Teollisuus Lakimiesten Yhdistysry / Industrijuristföreningen r.f.” was founded in 1955 and has been member at ECLA for many years. It represents company lawyers from Finland that work for companies with an industrial background. Currently, there are approximately 2.000 company lawyers employed in Finland[/vc_column_text][/vc_column][/vc_row]

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”1/4″][vc_empty_space][vc_single_image image=”3489″ img_size=”full” alignment=”center” style=”vc_box_outline” onclick=”custom_link” qode_css_animation=”element_from_left” qode_hover_animation=”zoom_in” link=”https://www.supremecourt.gov/DocketPDF/17/17-2/28366/20180118174653072_17%202%20bsac%20European%20Company%20Lawyers%20Association.pdf”][vc_empty_space height=”20px”][vc_column_text]

[su_list icon=”icon: external-link” icon_color=”#006cb6″]

• ECLA files Brief of Amicus Curiae in United States of America v. Microsoft Corporation (U.S. Court of Appeals for the Second Circuit)

[/su_list]

[/vc_column_text][/vc_column][vc_column width=”3/4″][vc_empty_space][vc_column_text]On January 18th, 2018 ECLA filed an amicus curiae brief with the Supreme Court of the United States in the case of United States of America (petitioner) v. Microsoft Corporation (respondent) in support of respondent.

[su_list icon=”icon: arrow-circle-right” icon_color=”#006cb6″]

• In the above-mentioned case, the Government’s position places European companies and other companies that do business in the European Union between the irreconcilable demands of EU and U.S. law.
• The Government of the United States of America seeks to compel production of personal data stored in Ireland pursuant to a U.S. statutory provision, the Stored Communications Act, 18 U.S.C. § 2701 et seq. (the “SCA”), that the Government concedes was not designed to apply extraterritorially.
• The Government nonetheless maintains that so long as a service provider is subject to service of an SCA warrant in the United States, and disclosure of the data would be made to authorities in the United States, compliance with an SCA warrant by the service provider is required.

[/su_list]

This position creates direct conflicts with EU data protection regulations that explicitly prohibit the very transfer the Government seeks and authorize sweeping administrative penalties and private lawsuits for violations of that prohibition. Adopting the Government’s view will all but assure that companies are trapped between two competing legal mandates, with no clear path for navigating that conflict.

In-house lawyers are EU companies’ first line of defense in understanding and complying with the European Union’s comprehensive privacy and data protection requirements. The ECLA therefore has a strong interest in ensuring that its 42,000 constituent lawyers (who practice in 18 countries across Europe) and the companies they advise not be unnecessarily forced to choose between complying with a U.S. warrant for communications stored in Europe and violating the EU law that limits the processing and disclosure of those communications.

You may find the full amicus curiae brief filed by the European Company Lawyers Association on the left. ECLA will continue to provide more information to its members as this case progresses and when any decisions concerning the case are made by the Court.

[/vc_column_text][/vc_column][/vc_row]

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]

The European Company Lawyers Association (ECLA) and the dfv media group have entered into a long-term service partnership at the beginning of 2018. As part of this cooperation, dfv media group will provide to ECLA services in the area of media, networking, association and lobbying. For this purpose, dfv media group and Dr. Michael Henning are founding a new service company called ECLA Association Services SPRL with its own location in Brussels, Belgium.

ECLA Association Services SPLR will offer company lawyers throughout Europe publications, events as well as association and communication services, drawing on the experience of dfv Association Services GmbH in establishing the German Federal Association of Corporate Lawyers (Bundesverband der Unternehmensjuristen e. V. – BUJ).

Jonathan Marsh, President of the European Company Lawyers Association, explains: “The partnership with the dfv media group is a milestone for our association and comes at the right time. The progressive Europeanisation in business life is increasingly posing cross-border and regulatory challenges to legal departments. This innovative partnership will enable ECLA to better satisfy European company lawyers’ need for a strong voice and an effective international network.”

Dr. Michael Henning, Managing Partner of the ECLA Association Services SPLR, confirms: “We will now transfer our successes, with the professional set-up of an association that we have achieved in recent years in Germany, to Europe and a vital network for professional exchange.”

The new office of the ECLA Association Services SPRL will be opened in April 2018 and will be headed by the managing directors Marcus M. Schmitt, Dr. Michael Henning and Sönke Reimers.

[/vc_column_text][/vc_column][/vc_row]

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]

For the first time in its history, the association will host the “1st ECLA Reception” on April 11th, 2018 in its new offices in Brussels, Belgium. Participants will be representatives of ECLA member associations, European politics, bar associations and various members of the European legal society. Following the reception, ECLA’s 37th General Assembly will be held on April 12th 2018.[/vc_column_text][/vc_column][/vc_row]

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]

On December 1st, 2017 the ECLA Executive Board held a meeting at dfv Media Group in Frankfurt am Main, Germany. Apart from the members of the Executive Board, Dr. Michael Henning and Marcus M. Schmitt, representatives of dfv Media Group, joined the meeting. The participants discussed the strategy for 2018, the relaunch of the website of the association, various possibilities for conferences and events as well as establishing the new service company for ECLA in Brussels, Belgium. Also ECLA and its new service company “ECLA Association Services” signed the service agreement for the future.

[/vc_column_text][/vc_column][/vc_row]