Case Law & Court Rules

  On October 3, 2019 in Case C-18/18, Eva Glawischnig-Piesczek v. Facebook Ireland Limited, the European Court of Justice (EDJ) held that — under Directive 2000/31, the Directive on electronic commer – cefor a platform (host provider) to be considered hosting provider (and so benefit from liability exception), while it must play a passive role (having no knowledge of the content), must […]

UPDATE: On September 24, 2019, the European Court of Justice ruled in favor of Google after the company appealed. The Court found that Google is not forced to censor its search results on a global scale and is only required to remove outdated or irrelevant links on its European sites. The ruling stated, “Currently, there […]

On June 4, 2019, the Corte di Cassazione, the Italian Supreme Court, clarified the scope of the right of the public to be informed (also known as public right’s to know)  in relation to the right of the individual to be forgotten with reference to old news, which are being republished after many years. In this […]

  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 […]

  On July 9, 2019, the Court of Justice of the European Union 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. See here for more info. The oral hearing took place in […]

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 […]

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 […]

  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 […]

  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 […]

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 […]