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

The UK Government recently published its long-awaited response to its data reform consultation, ‘Data: A new direction’ (see our post on the consultation, here).

As many readers are aware, following Brexit, the UK Government has to walk a fine line between trying to reduce the compliance burden on organizations and retaining the ‘adequacy’ status that the European Commission granted in 2021 (see our post on the decision, here).

While we’ll have to wait to review the detail of the final legislation, we outline below some of the more eye-catching proposals for reform.

Continue Reading 8 Eye-catching Reforms in the UK Government’s Response to its Public Consultation on Data Protection Law

On April 28, 2022, the Court of Justice of the EU (“CJEU”) decided that consumer protection associations may bring collective claims without a mandate from the affected consumers, including for violations of the GDPR, relying on national consumer law provisions.  The words “without a mandate” refers to the fact that the organization is not representing a particular consumer or group of consumers, rather, it is representing the collective interests of those whose personal data have been processed in a manner contrary to the GDPR, without naming particular data subjects.

Continue Reading Court of Justice of the EU Greenlights GDPR Collective Claims Without a Mandate

The California Privacy Protection Agency (“CPPA”) held two informational hearings on March 29, 2022 and March 30, 2022, in anticipation of its upcoming rulemaking later this year.  While the CPPA Board was present throughout the hearings, its members did not present any views as part of the program.  The speakers covered the following topics of note:
Continue Reading California Privacy Protection Agency Holds Informational Hearings

As many readers will be aware, a key enforcement trend in the privacy sphere is the increasing scrutiny by regulators and activists of cookie banners and the use of cookies. This is a topic that we have been tracking on the Inside Privacy blog for some time. Italian and German data protection authorities have

On February 23, 2022, the European Commission published the draft EU Regulation on harmonized rules on fair access to and use of data, also referred to as the “Data Act” (available here).  The Data Act is just the latest EU legislative initiative, sitting alongside the draft Data Governance Act, Digital Services Act, and Digital Markets Act, motivated by the EU’s vision to create a single market for data and to facilitate greater access to data.

Among other things, the proposed Regulation:

  • grants “users” of connected “products” and “related services” – meaning a digital service incorporated in or inter-connected with a product in such a way that its absence would prevent the product from performing one of its functions – offered in the EU rights to access and port to third parties the data generated through their use of these products and services (including both personal and non-personal data);
  • requires manufacturers of these products and services to facilitate the exercise of these rights, including by designing them in such a way that any users – which may be natural and legal persons – can access the data they generate;
  • requires parties with the right, obligation or ability to make available certain data (including through the Data Act itself) – so-called ”data holders” – to make available to users the data that the users themselves generate, upon request and “without undue delay, free of charge, and where applicable, continuously and in real-time”;
  • requires data holders to enter into a contract with other third-party “data recipients” on data sharing terms that are fair, reasonable and non-discriminatory; relatedly, any compensation agreed between the parties must be “reasonable” and the basis for calculating the compensation transparent, with special rules set out for micro, small or medium-sized data recipients to facilitate their access to the data at reduced cost;
  • authorizes public sector bodies and Union institutions, agencies or bodies to request access to the data in “exceptional need” situations;
  • requires certain digital service providers, such as cloud and edge service providers, to implement safeguards that protect non-personal data from being accessed outside the EU where this would create a conflict with EU or Member State law;
  • requires such data processing service providers to make it easy for the customers of such services to switch or port their data to third-party services; and
  • imposes interoperability requirements on operators of “data spaces”.

As a next step, the Council of the EU and the European Parliament will analyze the draft Regulation, propose amendments and strive to reach a compromise text that both institutions can agree upon.  Below, we discuss the key provisions of the Data Act in more detail.
Continue Reading European Commission Publishes Draft Data Act

On Episode 18 of Covington’s Inside Privacy Audiocast, Dan Cooper, Moritz Hüsch, Kristof van Quathem, and Petros Vinis discuss GDPR enforcement, and the evolution of regulatory fines since the GDPR was enacted in 2018.


Covington’s Inside Privacy Audiocast offers insights into topical global privacy issues and trends. Subscribe to our Inside

In a decision handed down on December 1, 2021, the Brussels Market Court (Court of Appeal) had an opportunity to consider the GDPR right of access.  The Belgian Ministry of Finance appealed the Belgian Supervisory Authority’s recent decision requiring the Ministry to grant a complainant access to her financial file and make corrections to the

On January 9, 2022, the cookie guidelines (“guidelines”) published by the Italian Supervisory Authority (“Garante”) on July 9, 2021 entered into force.  This means that all those companies that have not yet conformed to the guidelines’ provisions should do so promptly, to avoid incurring in future sanctions.  The guidelines include precise indications on, e.g., the categorization of cookies and other tracking technologies (“cookies”), the recommended design of the cookie banners, the collection, review and renewal of consent, and on the information notices.

Continue Reading New Italian Guidelines on the Use of Cookies and Other Tracking Technologies Now in Force

On December 2, 2021, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) held that consumer protection associations may bring collective claims without a mandate for violations of the GDPR relying on national consumer law provisions (see here).  The words “without a mandate” mean that the organization is not