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On October 6, 2022, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) released an opinion in case C-300/21 to the effect that a controller or processor’s non-compliance with the GDPR does not automatically entitle data subjects to receive compensation for non-material damages pursuant to Article 82 GDPR.  According to the AG, compensation is meant to remedy the consequences caused by a breach of the GDPR, and therefore a data subject must have suffered damage that he or she can affirmatively demonstrate.

Continue Reading CJEU Advocate General Issues Opinion on Non-Material Damages for GDPR Breach

On September 8, 2022, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) opined that data subjects should be able to lodge a complaint with a Supervisory Authority against a controller/processor for allegedly breaching the GDPR and, in parallel, lodge judicial redress proceedings against the same controller/processor for damages resulting from the alleged GDPR violation.

The case that was referred to the CJEU relates to a shareholder’s request to access audio recordings of a company meeting.  The company provided the shareholder only with extracts of his/her interventions.  Subsequently, the shareholder filed a complaint with the Hungarian Supervisory Authority for a breach of his/her right of access and asking the Supervisory Authority to order the company to disclose additional recordings.  The Supervisory Authority rejected the complaint.  As a result, the shareholder appealed the Supervisory Authority’s decision before a court and in parallel initiated separate judicial proceedings against the company asking for remedies for damages suffered.

Continue Reading CJEU Advocate General Finds That Data Subjects May in Parallel Lodge a Complaint with a Supervisory Authority and Start Proceedings Before a Court

On June 21, 2022, the Court of Justice of the EU (“CJEU”) decided that that the Passenger Name Record (“PNR”) Directive’s provisions providing for  the processing of PNR data by competent Member State authorities are compatible with the EU Charter of Fundamental Rights (“Charter”).  However, the CJEU also decided that the PNR Directive limits the way in which Member State laws transpose some of its provisions, particularly in relation to the collection of passenger information for intra-EU flights.  Its decision will require Belgium to amend its law transposing the PNR Directive, mainly in relation to the PNR data competent authorities may receive and how they can process this data.  It is likely to indirectly impact air carriers and tour operators operating in Belgium, as it will reduce the amount of data they need to share with competent authorities under such a revised legal framework.

The CJEU decision also considers, as well, Member State laws transposing (1) the Council Directive 2004/82/EC on the obligation of carriers to communicate passenger data (API Directive) and (2) Directive 2010/65/EU on reporting formalities for ships arriving in and/or departing from ports of the Member States.

The case was lodged on October 31, 2019, by the non-profit organization Ligue des Droits Humainsbefore the Belgian courts in relation to the Belgian law transposing the PNR and API Directives.  The Belgian Constitutional Court referred certain questions to the CJEU.

Continue Reading Court of Justice of the EU Decides that the Passenger Name Record Directive is Compatible with EU Law