On the new Legal Settlement of the UK with the EU

In this brief comment I discuss some of the legal questions that arise out of the proposals for a new settlement between the UK and the EU.[1] As I will show, the precise nature of the draft agreement is unclear. This legal instrument raises difficult issues of both EU and public international law and could potentially cause serious uncertainty or even a constitutional crisis. Press reports have missed this legal complexity. Ministerial statements have been silent about it.

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Negotiating the Data Protection Thicket: Life in the Aftermath of Schrems

The Schrems judgment of the ECJ has implications for the viability of the commercial practices of Internet giants (and minions), for the legality of state surveillance practices and for the future sustainability of an Internet that is global rather than parochial. It is thus not surprising that the Court of Justice of the EU delivered its judgment only one week after the Opinion of the Advocate General and that this judgment has attracted so much academic and media attention, including through the existing commentary on this blog. In adding to this commentary, I shall not rehash the well-versed facts but shall focus on three points which I found striking.

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