Archives: EU Data Protection

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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

Italian Supervisory Authority Issues Judgment Concerning ‘Right to be Forgotten’

On July 22, 2019, the Italian supervisory authority for data protection (“Garante”) issued a judgment involving the so-called “right to be forgotten”.  The Garante’s decision explores the boundaries of this right in a case in which Internet users could access an article by using a professional position as a search term, whereas it was not … Continue Reading

European Commission Issues Report on the Implementation of the GDPR

On July 24, 2019, the European Commission (“the Commission”) published a report appraising Europe’s progress in implementing the General Data Protection Regulation (“GDPR”) as a central component of its revamped data protection framework.  In its report, the Commission highlights certain achievements resulting from implementation efforts, calls attention to issues that require further action, and describes … 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

ICO Updates Guidance on Cookies and Similar Technologies

Back in 2013, we published a blog post entitled, “European Regulators and the Eternal Cookie Debate” about what constitutes “consent” for purposes of complying with the EU’s cookie rules.  The debate continues…  Yesterday, the ICO published new guidance on the use of cookies and a related “myth-busting” blog post.  Some of the “new” guidance really … Continue Reading

German Bundestag approves 2nd German Data Protection Adaptation Act (“2nd DSAnpUG”): Summary of significant changes for German data protection laws.

On 28 June 2019, the German Bundestag passed the 2nd DSAnpUG which will amongst other things further adapt the German Federal Data Protection Act („BDSG“), the German Federal Registration Act (“BMG”), the German Act on the Federal Office for Security in Information Technology (“BSI-Act”) and the Act on the Establishment of a Federal Institute for … 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

German DSK publishes guidance on the applicability of the German Telemedia Act to telemedia services

On April 5, 2019, the association of German Supervisory Authorities for data protection (‘Datenschutzkonferenz’ or ‘DSK’) published a guideline regarding the applicability of the German Telemedia Act (‘TMG’) to telemedia services – including, for example, the use of website cookies for targeted advertising post-GDPR. The guideline aims to “clarify and concretize” a previous statement on … Continue Reading

EDPB Begins Consultation on New Guidelines on Use of the “Performance of a Contract” GDPR Legal Basis by Online Services

On 9 April 2019, the European Data Protection Board (“EDPB”) adopted new guidelines “on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects.” In general, the GDPR requires that processing of personal data be justified under a legal basis in Article 6 GDPR.  … 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

EDPB Issues Opinion on the Interplay between the ePrivacy Directive and the GDPR

On March 12, 2019, the European Data Protection Board (“EDPB”) issued an opinion in response to a series of questions about the competences, tasks and powers of European supervisory authorities for data protection (“SAs”), when the processing of personal data triggers the material scope of both the ePrivacy Directive and the General Data Protection Regulation … 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

German Supervisory Authority (re-)issues guidance on data processing in the employment context

The Supervisory Authority of Baden-Württemberg (“SA”), Germany, has published a new version of its guidance document on data protection issues in the employment context on March 12, 2019 (available here in German). The guidance document specifically addresses issues such as the use of e-mail and IT systems by employees, urine drug tests, personal data collected … Continue Reading

European Parliament Approves EU Cybersecurity Act

Following a political agreement at the end of 2018, earlier this week the European Parliament approved a new cybersecurity regulation known as the EU “Cybersecurity Act” This forms part of the EU’s Cyber Package, first announced in September 2017 (which we blogged about here). In addition to reinforcing the mandate of ENISA — now to … 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

EDPB releases information note in the event of a “No-deal Brexit”

On February 12, 2019, the European Data Protection Board (“EDPB”) published two information notes to highlight the impact of a so-called “No-deal Brexit” on data transfers under the EU General Data Protection Regulation (“GDPR”), as well as the impact on organizations that have selected the UK Information Commissioner (“ICO”) as their “lead supervisory authority” for … Continue Reading

European Data Protection Board releases Guidance on Intersection of the GDPR and the Clinical Trials Regulation

The European Data Protection Board (“Board”) released an opinion on January 23, 2019, on the intersection between the EU General Data Protection Regulation (“GDPR”) and the Clinical Trials Regulation (“CTR”).  The opinion considers a Q&A on this topic prepared by the European Commission’s Directorate General for Health.  The Directorate General decided to create this Q&A … 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

EU Advocate General: right to be forgotten is limited to EU

On January 10, 2019, Advocate General Szpunar of the Court of Justice of the European Union (CJEU) released his opinion regarding a 2016 enforcement action carried out by the French Supervisory Authority (CNIL) against Google.  In that case, the CNIL ordered Google to de-reference links to webpages containing personal data.  According to the CNIL, the … 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

European Data Protection Board Issues Draft Guidelines on Extra-Territorial Application of the GDPR

On November 23, 2018, the European Data Protection Board (“EDPB”) issued draft Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) (“Guidelines”). As per standard procedure, the EDPB has published this first version of the Guidelines to allow for public consultation about its contents over the next several months. At the conclusion of … Continue Reading
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