In January 2025, the German Supervisory Authority of Hamburg (“HSA”) examined the practices of online retailers based in Hamburg as to whether they allowed consumers to make purchases without creating a user account. This was mentioned in a press release issued by the HSA regarding a ruling by the Hamburg Higher Regional Court confirming a HSA’s decision that online retailers may, in certain circumstances, require consumers to create a user account. This, in turn, follows the guidance published by the German supervisory authorities (“German SAs”) in 2022 (in German), which stated that online retailers generally may not require consumers to create a user account in order to make a purchase.Continue Reading German SA Checks Whether Online Retailers Allow Consumers to Make Purchases Without Creating an Account
European Union
Finnish Supervisory Authority Investigates Health Data Transfers to China
On March 17, 2025, the Finnish Supervisory Authority (“SA”) announced that it is investigating the transfer of personal data related to human research samples by a Finnish university to a Chinese company for genetic analysis services. Continue Reading Finnish Supervisory Authority Investigates Health Data Transfers to China
Watchdog to Investigate Mobile Payment Provider Over Its Use of Purchase History for Targeted Advertising
On March 18, 2025, the Norwegian Consumer Council asked the Norwegian Supervisory Authority to investigate a payment app provider for using consumers’ purchase history for targeted advertising. Continue Reading Watchdog to Investigate Mobile Payment Provider Over Its Use of Purchase History for Targeted Advertising
Belgian High Court Decides on Abuse of Law in relation to the GDPR Right to File a Complaint
By Kristof Van Quathem on
Posted in European Union, GDPR
On January 10, 2025, the Belgian High Court (Hof van Cassatie) upheld the decision of the Market Court in a case that pitched the GDPR right to file a complaint against the general legal principle in Belgian law that prohibits the abuse of law.Continue Reading Belgian High Court Decides on Abuse of Law in relation to the GDPR Right to File a Complaint
European Commission Confirms Plans to Simplify GDPR
By Kristof Van Quathem on
Posted in European Union, GDPR
On March 13, 2025, the Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, Michael McGrath, confirmed that the Commission is considering simplifying the GDPR with a view to reducing the burden on smaller businesses. This statement aligns with the Commission’s broader goal of simplifying the EU digital framework.Continue Reading European Commission Confirms Plans to Simplify GDPR
EDPB Launches Coordinated Enforcement on the Right to Erasure
Posted in European Union, GDPR Rights
On March 5, 2025, the European Data Protection Board (“EDPB”) announced that EU Supervisory Authorities (“SAs”) will undertake a coordinated enforcement action in 2025 regarding data subjects’ right to erasure under Art. 17 of the GDPR. For context, the EDPB selects a particular topic each year as its focus for pan-EU coordinated enforcement.Continue Reading EDPB Launches Coordinated Enforcement on the Right to Erasure
CJEU Clarifies GDPR Rights on Automated Decision-Making and Trade Secrets
On February 27, 2025, the Court of Justice of the European Union (“CJEU”) issued a significant decision on the right of data subjects to request access to their personal data under Article 15 GDPR, specifically as it relates to automated decision-making and striking an appropriate balance between informing data subjects and protecting trade secrets (Case C‑203/22).Continue Reading CJEU Clarifies GDPR Rights on Automated Decision-Making and Trade Secrets
European Health Data Space Published
By Kristof Van Quathem on
On March 5, 2025, the Regulation on the European Health Data Space (“EHDS”) was published in the Official Journal (see here). The text enters into force on March 25, 2025, however it only becomes applicable in a staggered manner over several years.
The section on secondary use of the…
Continue Reading European Health Data Space PublishedCJEU Advocate General Supports Pragmatic Definition of Personal Data
By Dan Cooper & Kristof Van Quathem on
On February 6, 2025, Advocate General Spielmann released his opinion in the EDPS vs. SRB case (Case C‑413/23 P). In this case, the European Data Protection Supervisor appealed a decision from the General Court (see our blog post here).
In essence, the case turns on the question of whether…
Continue Reading CJEU Advocate General Supports Pragmatic Definition of Personal DataCJEU Finds Customers’ Title Is Not Necessary Data For The Purchase Of A Train Ticket
By Kristof Van Quathem & Alix Bertrand on
On January 9, 2025, the Court of Justice of the European Union (“CJEU”) issued a decision on the GDPR’s lawfulness and data minimization principles.
The case arose after a French association (“Mousse”) complained to the French Supervisory Authority (“CNIL”) about the fact that France’s main train company SNCF requires customers to indicate their title and gender identity by ticking either “Sir” or “Madam” when purchasing a train ticket online. Mousse considered that such a mandatory requirement could not be justified under the “contractual performance” or “legitimate interests” legal bases set out in Article 6 GDPR, and infringed the GDPR’s principles of lawfulness, data minimization and transparency.
The CNIL dismissed the complaint, and Mousse appealed the CNIL’s decision before the French Administrative Supreme Court (“Conseil d’Etat”), which stayed the proceedings to refer some questions to the CJEU.Continue Reading CJEU Finds Customers’ Title Is Not Necessary Data For The Purchase Of A Train Ticket