On June 19, 2020, the French Council of State (Conseil d’État) decided that the French Supervisory Authority (“CNIL”) had gone too far in its guidance on cookies and similar technologies when it stated that conditioning a user’s access to a website upon his or her acceptance of certain cookies (commonly known as “cookie walls”) is never compliant with the consent requirements in the EU General Data Protection Regulation (“GDPR”).

According to the Council of State, such a blanket prohibition cannot be deduced from the text of the GDPR. The Council of State reminded the CNIL that its guidance is only soft law and therefore must follow the text of the GDPR. The CNIL has announced that it will adapt its guidance in light of the Council of State’s decision. The decision serves as a stark reminder that even EDPB or CNIL guidance is can only interpret the text of the GDPR, and cannot break fresh legal ground.
Continue Reading French Council of State Decides that the French Supervisory Authority Cannot Prohibit Cookie Walls

In order to combat the proliferation of COVID-1, several EU Member States have strongly recommended or required that employees engage in teleworking, rather than attend work as normal. In this context, the European Union Agency for Cybersecurity (“ENISA”), on March 15, 2020, issued its “top tips for cybersecurity when working remotely”. Some data protection Supervisory

On March 2, 2020, the Italian Supervisory Authority (“Garante”) published a “statement” in which it clarifies how companies should process personal data in the context of their efforts for preventing a spread of the coronavirus disease (“COVID-19”) among their employees and others in Italy (see here, in Italian).

The Garante made clear that companies