On May 4, 2023, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) issued its opinion in case C-683/21, which examines the GDPR concepts of “controller”, “joint controller”, and “processor”, as well as the GDPR’s liability system.Continue Reading CJEU’s Advocate General Issues Opinion on Concept of Controller, Joint Controller, Processor, and Administrative Fines
joint controller
Brussels Appeal Court Refers IAB Europe Case to CJEU
On September 7, 2022, the Brussels Market Court adopted an interim decision in a case brought by IAB Europe, the sector organization for the digital marketing industry, against the Belgian Supervisory Authority. The authority had fined IAB Europe alleging that its Transparency and Consent Framework (“TCF”) violates the GDPR and that the organization is a (joint) data controller for processing operations performed by the users of the standard, i.e., publishers and adtech vendors. Under the decision, IAB Europe was also required to present a work plan to remediate the alleged violations.Continue Reading Brussels Appeal Court Refers IAB Europe Case to CJEU
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…
Continue Reading CJEU rules that Facebook and website operators are joint controllers if the website embeds Facebook’s “Like” button