ECJ holds by embedding social media plug-ins in website you may become a joint data controller with the social media provider

  On July 29, 2019, the Court of Justice of the European Union (ECJ) published its judgement in case C-40/17, holding – like Advocate General Bobek (see here) suggested – that an organization who embeds a Facebook “Like” button on its website may be considered a data controller. In this case, a German fashion online […]

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Update: oral hearing before the ECJ on Model Clauses preliminary ruling

On July 9, 2019, the European Court of Justice (CJEU) heard oral arguments on a landmark case concerning Facebook’s transfer of personal data from the EU to the US on the basis of the currently utilized “standard contractual clauses” (SCCs) mechanism. The CJEU’s decision — will have tangible consequences for businesses performing data transfers from […]

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Important question about the GDPR “one –stop shop” mechanism referred to the ECJ

On May 8, 2019, the Brussel’s Court of Appeal referred certain questions to the Court of Justice of the European Union (CJEU) to ensure that the Belgian Data Protection Authority (DPA) can pursue the case against Facebook also after the GDPR entered into force. In particular, the questions is whether the one-stop shop mechanism (which […]

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UK DPA fined “parenting club” company for violation of the principle of “fairness” in processing

  On April 9, 2019, the UK Data Protection Authority, the Information Commissioner Officer (ICO), served a monetary penalty notice under section 55A of the Data Protection Act 1998 (DPA) of around $ 520,000. The fined company (Bounty) shared the personal data of over 14 million individuals to a number of organizations including credit reference […]

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German Antitrust ordered Facebook to stop “combining” data of German users without voluntary consent

  On February 7, 2019, the Bundeskartellamt, the German antitrust authority, prohibited Facebook from combining data concerning German Facebook users gathered also from third party websites when the user didn’t give voluntary consent to this practice. The decision concerns all private users of Facebook based in Germany. According to the Bundeskartellamt’s decision, until now, individuals […]

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Advocate General opined that embedding a Facebook “Like” button on websites could determine a situation of joint control

On December 19, 2018, Advocate General Bobek, published his opinion in case C-40/17, deeming that anyone who enters the Facebook “Like” button on his website can be considered a joint controller. In this case, a German fashion online retailer embedded a Facebook’s ‘Like’ button in its website. As a result, when users landed on the […]

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German court decides what can be the first decision on non-material damages under the GDPR

In November 2018, a German local court, the Amtsgericht Diez, decided on a claim for immaterial damages under Art. 82.1, GDPR.  According to this source, on May 25, 2018, Plaintiff received an e-mail in which Plaintiff’s consent to receive a newsletter was requested. An email of this sort is considered spam under German law and […]

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Update on French Conseil d’Etat’s request for a preliminary ruling on the right to be forgotten

On September 11, 2018, the Court of Justice of the European Union (CJEU) began hearing evidence from over 70 stakeholders in the case whose judgement shall outline the territorial scope of the right to be forgotten. The panel of 15 CJEU judges will rule in 2019. The request for a preliminary ruling (Case C-507/17) was […]

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