General Data Protection Regulation (GDPR)

On February 22, 2023, the European Data Protection Board (“EDPB”) released its Work Program for 2023-2024 (“the Program”), outlining the key priority areas for the next two years.  The Program is divided into four pillars, which largely reflect the priorities already set out in its Strategy 2021-2023.Continue Reading EDPB Releases its 2023-2024 Work Program

On December 20th, 2022, the French Data Protection Authority (“CNIL”) closed down an investigation against a US company providing a browser extension (the “Company”), after finding that its activities were not subject to the GDPR. The CNIL’s decision is available here in French.

The Company provides a browser extension (the “Extension”) allowing users to obtain

On October 7, 2022, President Biden signed an Executive Order directing the steps that the United States will take to implement its commitments under the new EU-U.S. Data Privacy Framework.  The framework was announced by the U.S. and the EU Commission in March 2022, after reaching a political agreement in principle (see our blog post

On May 25, 2022, the Irish Data Protection Commission (“DPC”) issued 3 short guides for children, with the objective of raising awareness among adolescents about data protection and their privacy rights, as well as serving as a resource “for parents, educators and anyone [else] interested in children’s safety and wellbeing online”. The 3 guides

The Irish Data Protection Commission (“DPC”), having last month released its annual report (see our blog post here), has now also issued two additional reports detailing statistics on its handling of cross-border cases (see here) and a recently completed Resource Allocation Audit conducted by independent consultants (see here).  Each is important in its own right for the reputation and development of this regulator, the lead EU supervisory authority for many of the large technology companies.
Continue Reading Irish DPC Reports on Cross-Border Activity and Resources

On Thursday, September 2, 2021, the Irish Data Protection Commission (“DPC”) published its decision in the long-awaited inquiry it initiated into the data processing of WhatsApp Ireland Limited (“WhatsApp”) in December 2018.  It finds against WhatsApp, imposing a fine of €225 million.
Continue Reading Irish DPC Finds Against WhatsApp

On Jul 22, 2021, the Irish Joint Committee on Justice (“Committee“) published a report that included a series of recommendations on the work of the Irish Data Protection Commission (“DPC“).  The Committee, made up of 14 politicians from across the political spectrum and drawn from both the Dáil (the elected first house) and Seanad (the senate), issued this report following a public hearing held on April 27, 2021 (see our prior blog post here).  The recommendations in the report address, among other things, concerns raised about the Irish DPC’s oversight and enforcement of the EU General Data Protection Regulation (“GDPR“).
Continue Reading Ireland’s Joint Committee on Justice Publishes Recommendations to Reform the Irish Data Protection Commission

On July 15, 2021, the Belgian Supervisory Authority (“SA”) released a 40-page draft recommendation on the use of biometric data and launched a public consultation to solicit feedback about it.

Most notably, the SA points out that there is no valid legal basis other than explicit consent (with all the GDPR limitations attached to it) that would enable the processing of biometric data for authentication purposes (e.g., security), because Belgian lawmakers failed to adopt the required national legislation to supplement the GDPR (specifically, to underpin the public interest exception found in Art. 9(2)(g) GDPR for processing sensitive personal data).  The SA considers this outcome a departure from the rules that applied prior to the GDPR, and will therefore allow a one-year grace period to give controllers and lawmakers sufficient time to address the issue.Continue Reading Belgian Supervisory Authority Launches Public Consultation on the Use of Biometric Data

On July 5, 2021, the Italian Supervisory Authority (“Garante”) announced that it has fined Foodinho S.r.l. (“Foodinho”) 2.6 million EUR for its use of performance algorithms in connection with its employees. The authority held Foodinho in breach of the principles of transparency, security, privacy by default and by design, and held it responsible for not implementing suitable measures to safeguard its employees’ (i.e., riders’) rights and freedoms against discriminatory automated decision making. The Garante’s decision is the first of its kind in the realm of the algorithmic management of gig workers. According to the Garante, Foodinho’s management violated Article 22(3) of the GDPR.
Continue Reading Italian Supervisory Authority Fines Foodinho Over Its Use of Performance Management Algorithms