The French data protection authority (CNIL) rendered three major decisions impacting worldwide online service providers following online controls and investigations performed on the companies’ websites. These decisions highlight the obligations of data controllers when using cookies and other trackers, notably regarding the way the user’s consent shall be collected, and the level of information that … Continue Reading
On 11 November 2020, the Court of Justice of the European Union (CJEU) in Orange România SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP) (Case C-61/19) delivered its preliminary ruling on the issue of valid consent under the General Data Protection Regulation 2016/679/EU (GDPR) and Directive 95/46/EC. You can read … Continue Reading
On 4 May 2020, the European Data Protection Board (EDPB) adopted an updated set of guidelines on consent (Guidelines) under the General Data Protection Regulation (GDPR). These updates were made to the original guidelines published by the Article 29 Working Party on 10 April 2018, which the EDPB endorsed at its first plenary meeting on … Continue Reading
A Dutch court has held that a grandmother was in breach of the General Data Protection Regulation (GDPR) for posting pictures of her grandchildren on social media platforms without their parents’ consent and refusing to delete them after multiple requests. The GDPR does not apply to the processing of personal data by an individual “in … Continue Reading
In a world where we have been ordered to stay home and shelter in place to combat the spread of COVID-10 our children are now learning remotely. While it is fortunate that technology allows students to continue the school year at home, remote learning presents an obstacle where children’s privacy is concerned. In the United … Continue Reading
The Summer 2019 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: ECJ and GDPR: Another decision hitting social media activities by companies EDPB does not opt for changes to EU standard contractual clauses EU … Continue Reading
The Information Commissioner’s Office (ICO) recently published a summary report of its fact finding forum on data protection issues arising from advertising technology (adtech). Adtech is a term commonly used to refer to all technologies, software and services used for delivering and targeting online advertisements. The ICO compiled responses from over 2,300 participants in an … Continue Reading
On 21 March 2019, Advocate General Maciej Szpunar (“AG”) delivered an opinion on cookie consent, information obligations regarding cookies and consent bundling (Case C-673/17, Planet49 GmbH v. Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e.V.). In the case at issue, users entering into a promotional lottery were confronted with two checkboxes: A checkbox obtaining … Continue Reading
The Bavarian Data Protection Authority (‘Bavarian DPA’) audited major Bavarian websites for their use of tracking tools on Safer Internet Day. It calls its findings “desolate”. None of the tracking tools were implemented in a compliant manner. Audit by the Bavarian DPA Tracking and the requirements for using cookies have been a highly debated topic … Continue Reading
In an interview dated February 2018,[1] Isabelle Falque-Pierrotin, at the Head of the French data protection authority (CNIL), stated that the CNIL would adopt a flexible and pragmatic approach from May 2018 onwards when controlling compliance with data protection requirements. The first decision of sanction rendered by the CNIL on Monday January 21, 2019, which … Continue Reading
Since California enacted its Automatic Purchase Renewals Law (APRL) in 2010, the plaintiffs’ class action bar has been active in suing companies with subscription-based services for their alleged failures to comply with the APRL requirements. The lawsuits stem from the alleged failure to comply with the disclosure, consent, and acknowledgment requirements applicable to many types … Continue Reading
On 26 April 2018, the Conference of German Data Protection Authorities (German DPAs) released a highly criticised position paper on the applicability of the German Telemedia Act (TMA) after 25 May 2018 (Position Paper, available in German here). The Position Paper clearly states that tracking and profiling cookies now require informed prior opt-in consent. Position … Continue Reading
On 10 April 2018, the Article 29 Working Party (WP29) published revised guidelines on consent under the General Data Protection Regulation (GDPR). Consent is one of the six GDPR bases for the lawful processing of personal data. Technology Law Dispatch looked at the WP29’s draft guidelines on consent earlier this year. This article examines the … Continue Reading
The Winter 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We cover new case law on marketing consent, cookie consent, the liability of platform providers, employee data protection, sales of address data and the right to be forgotten. The newsletter also includes multiple recommended reads … Continue Reading
The Regional Court of Berlin held in a judgment of 16 January 2018 (docket no. 16 O 341/15, German language version of the judgment available here) that Facebook’s default privacy settings and parts of their terms and conditions were invalid. This judgment provides important guidance on consent and transparency. Background The Federation of German Consumer … Continue Reading
On 28 November 2017, the Article 29 Working Party (“WP29”) published its guidelines on consent under the General Data Protection Regulation (“GDPR”). The guidelines are open for public consultation until 23 January 2018. They provide an analysis of the concept of consent. They also provide practical guidance for organisations on the requirements to obtaining and … Continue Reading
The Spanish Data Protection Authority (AEPD) has imposed a fine of €1.2 million against Facebook following its investigation into whether Facebook’s data processing activities were in accordance with the Spanish Data Protection Act (Law 15/1999) (the Act). In its decision, the AEPD concluded that Facebook had committed serious breaches of the Act, as discussed further … Continue Reading
Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”). This alleges that Lyft sent unwanted and unsolicited text messages to cellphones using an automated dialing system without first obtaining express written consent … Continue Reading
In a decision of 31 August 2015, the First-Tier Tribunal provided important clarification on the use of third-party mailing lists. Optical Express v Information Commissioner (EA/2014/0014) is significant for organisations that use or are considering using such lists. The case was concerned with an appeal by Optical Express (‘OE’) against an Enforcement Notice issued by … Continue Reading
The Article 29 Data Protection Working Party (Working Party) released Opinion 9/2014 on ePrivacy Directive 2002/58/EC (amended in 2009), stating that the consent and transparency mechanisms apply to digital fingerprinting of devices (Opinion). The Working Party issued the opinion to clarify that consent was required and to end “surreptitious tracking” of users in light of … Continue Reading
This post was also written by Matthew N. Peters. In early May the Italian data protection authority (“Garante”) issued “Simplified Arrangements to Provide Information and Obtain Consent Regarding Cookies” (“Guidelines”). These are intended to provide clarity on the application of Legislative Decree No. 69/2012 (the “2012 Act”), which implemented the EU Cookie Directive in Italy. The … Continue Reading
This post was also written by Taisuke Kimoto. On May 10, the Japanese Government released a report regarding the use of personal information in Big Data applications. This comes just months after Japan announced plans to provide guidance on data anonymisation as part of the ‘Japan Revitalisation Acceleration Programme’ (see our related blog). The report was … Continue Reading
This post was written by Cynthia O’Donoghue. In its second opinion on the proposed Data Protection Regulation, the Article 29 Working Party suggests that a natural person can be considered identifiable when, within a group of persons, he or she can be distinguished from other members of the group and consequently be treated differently. They … Continue Reading
This post was written by Cynthia O’Donoghue. On 25 January 2012 the EC proposed a uniform legal framework for providing legal certainty on data protection. The most notable proposed change is that from a European Directive to a Regulation (the Proposed Regulation) to ensure directly enforceable implementation across all Member States. The Proposed Regulation sets … Continue Reading
