Anna Oberschelp de Meneses

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EDPB adopts final version of guidelines on territorial scope of the GDPR

On November 14, 2019, the EDPB adopted a final version of Guidelines 3/2018 on the territorial scope of the GDPR (Art. 3). This takes into account the contributions and feedback that the EDPB received during a public consultation on a draft version of the guidelines (see here). The draft version of the guidelines raised many … Continue Reading

French Supervisory Authority publishes guidance on facial recognition

On November 15, 2019, the French Supervisory Authority (“CNIL”) published guidance on the use of facial recognition. The guidance is primarily directed at public authorities in France that want to experiment with facial recognition. The guidance warns that this technology risks leading to biased results because the algorithms used are not 100% reliable and the … Continue Reading

The Spanish Supervisory Authority issues guidance on the use of cookies

On November 8, 2019, the Spanish Supervisory Authority (“SA”) issued detailed guidance on cookies and similar technologies in collaboration with stakeholders in the ad industry, including Adigital, Anunciantes, AUTOCONTROL and IAB Spain. The guidance is divided in 4 chapters: Chapter 1: scope of the Spanish cookie rules (Art. 22 of Law 34/2002); Chapter 2: terminology … Continue Reading

EU adopts New Deal for Consumers

On November 8, 2019, the European Union adopted the “Directive Modernizing Consumer Law”. This directive is part of the so-called “New Deal for Consumer” (see here), a package of legislative reforms designed to revise existing EU consumer laws. The main objective of these reforms is to adapt EU consumer protection legislation to the realities of … Continue Reading

Spanish Supervisory Authority and EDPS Release Guidance on Hashing for Data Pseudonymization and Anonymization Purposes

On November 4, 2019, the Spanish Supervisory Authority (“AEPD”), in collaboration with the European Data Protection Supervisor, published guidance on the use of hashing techniques for pseudonymization and anonymization purposes. In particular, the guidance analyses what factors increase the probability of re-identifying hashed messages. The AEPD explains that the probability of re-identification increases if more … Continue Reading

New Calculation Model for Data Protection Fines in Germany

On October 16, 2019, the body of German Supervisory Authorities known as the Datenschutzkonferenz (“DSK”) released a document proposing a model for calculating fines under the GDPR.  The DSK indicated that this model is subject to change and will be superseded by any method put forward in guidance issued by the European Data Protection Board. … Continue Reading

CJEU Issues Decision on Consent for Cookies and Intersection with the GDPR

On September 10, 2019, the Court of Justice of the European Union (“CJEU“) issued its decision in the Planet 49 case.  The case centers on the consent requirements for the use of cookies. Planet49 GmbH offered an online lottery service for which interested users had to register.  The registration form asked users to tick a … Continue Reading

GDPR’s right to be forgotten limited to EU websites

On September 24, 2019, the Court of Justice of the European Union (“CJEU”) adopted a decision on the geographical scope of the right to erasure under the GDPR (decision available here).  The court decided, in line with the opinion of Advocate General Szpunar, that a US-based search engine does not have to remove (de-reference) search … Continue Reading

Italian Supervisory Authority approves Code of Conduct under the GDPR

On September 12, 2019, the Italian Supervisory Authority (“Garante”) approved a code of conduct for consumer credit agencies (the “Code”), pursuant to Art. 40 GDPR (see here in Italian). The Code already existed prior to the GDPR, but it had to be amended to meet the requirements of the GDPR and be approved by the … Continue Reading

German court decides that GDPR consent can be tied to receiving advertising

On June 27, 2019, the High Court of Frankfurt decided that a consent for data processing tied to a consent for receiving advertising can be considered as freely given under the GDPR. The case concerned an electricity company that relied on consent obtained by another company to advertise its products and services to the claimant. … Continue Reading

CJEU rules that Facebook and website operators are joint controllers if the website embeds Facebook’s “Like” button

On July 29, 2019, the Court of Justice of the European Union (“CJEU”) handed down its judgment in the Fashion ID case (Case C-40/17).   The CJEU found that when a website operator embeds Facebook’s “Like” button on its website, Facebook and the website operator become joint controllers. The case clarifies the relationship between website operators … Continue Reading

The European Data Protection Board and the European Data Protection Supervisor consider the European Commission to be a processor of patient data in the eHealth Digital Service Infrastructure

On July 12, 2019, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) issued a joint opinion on the processing of patient data and the role of the European Commission within the eHealth Digital Service Infrastructure (“eHDSI”). Background The eHDSI system was established in the context of the eHealth Network.  The … Continue Reading

German Supervisory Authorities Issue Guidance on Data Subject Rights

Guidance on how to identify data subjects On July 1, 2019, the Bavarian Supervisory Authority for the public sector (“SA”) published guidance on how to verify the identity of data subjects exercising their data protection rights under the GDPR. The guidance is directed at public bodies, but is also helpful for private entities. According to … Continue Reading

French Supervisory Authority will issue new guidelines on cookies

On June 28, 2019, the French Supervisory Authority (CNIL) announced that it will issue new guidelines on the use of cookies for direct marketing purposes.  It will issue these guidelines in two phases. First, during July 2019, the CNIL will update its guidance issued in 2013 on cookies.  According to the CNIL, the 2013 guidance … Continue Reading

Association of German Supervisory Authorities issues paper on broad consent for research

On April 3, 2019, the Association of German Supervisory Authorities (“Datenschutzkonferenz” or “DSK”) issued a paper (available here in German) on the interpretation of “broad consent” for scientific research in Recital 33 of the GDPR and the interplay with the definition of consent  and the principle of purpose limitation. According to the DSK, broad consent … Continue Reading

Polish Supervisory Authority issues GDPR fine for data scraping without informing individuals

On March 26, 2019, the Polish Supervisory Authority (“SA”) issued a fine of around €220,000 against a company that processed contact data obtained from publicly available sources without informing the individuals concerned (decision in Polish here and English summary here). Article 14 of the GDPR requires data controllers, who do not obtain personal data directly … Continue Reading

EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

On March 21, 2019, Advocate General Szpunar released his opinion in the Planet49 case, currently pending before the Court of Justice of the European Union (CJEU).  The case centers on the use of consent for the processing of personal data and consent for the use of cookies. Planet49 GmbH offered an online lottery service for … Continue Reading

The Court of Justice of the European Union reiterates broad application of the EU Data Protection Law’s journalism exception to online platforms

On January 14, 2019, the Court of Justice of the European Union (“CJEU”) decided that video recordings of police officers in the exercise of their duties and the uploading of such videos on YouTube may constitute “journalistic activities” in the meaning of the journalism exception of the EU Data Protection Directive (“Directive”) (available here). The … Continue Reading

EU-Japan Adopt Mutual Adequacy Decision

[Update to previous post from August 17, 2018] On January 23, 2019, the European Commission and Japan mutually recognized each other’s data protection laws as providing an adequate level of protection of personal data (see European Commission press release here). As a result, nearly all personal data can now flow freely between the EU and … Continue Reading

Google fined €50 million in France for GDPR violation

On January 21, 2019, the French Supervisory Authority for data protection (“CNIL”) issued a fine of €50 million against Google for violations of the General Data Protection Regulation (“GDPR”) (the decision was published in French here).  The CNIL’s decision was triggered by complaints from two non-profit organizations together representing 9974 individuals. The case raises a … Continue Reading

Austrian Data Protection Authority Validates Paid Subscription Model as a Viable Alternative to Ad Tracking

On 30 November 2018, the Austrian Data Protection Authority (“DPA”) decided that the website of an online media publisher – which offers users the option to either consent to advertising cookies or pay for a subscription – gives users a free choice that is compatible with the requirements of consent under the GDPR. (The decision … Continue Reading

German Courts Decide Whether an Infringement of the GDPR also Qualifies as Unfair-Competitive Behavior

Under the Data Protection Directive (now superseded by the General Data Protection Regulation, “GDPR”), it was disputed whether a violation of the German Data Protection Law transposing the Directive could serve as a basis for anti-competition claims under the German Act Against Unfair Competition (“Gesetz gegen den unlauteren Wettbewerb”, “UWG”).  Since the entry into force … Continue Reading

CNIL imposes GDPR-consent in online advertising space

On November 9, 2018, the French Supervisory Authority for Data Protection (known as the “CNIL”) announced that it issued a formal warning (available here) ordering the company Vectaury to change its consent experience for customers and purge all data collected on the basis of invalid consent previously obtained.   Vectaury is an advertising network that … Continue Reading

Portuguese hospital receives and contests 400,000 € fine for GDPR infringement

On July 17, 2018, the Portuguese Supervisory Authority (“CNPD”) imposed a fine of 400.000 € on a hospital for infringement of the European Union General Data Protection Regulation (“GDPR”).  The decision has not been made public.  Earlier this week, the hospital publicly announced that it will contest the fine. According to press reports, the CNPD … Continue Reading
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