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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NY A.G. settles with online retailer Bombas which failed to notify data breach involving credit cards details

  On June 6, 2019 Attorney General Letitia James, announced a $65,000 settlement with online retailer Bombas LLC for failing to provide notice of payment cards consumers’ data breach occurred to 39,561 consumers. In 2014 unauthorized intruders inserted malicious software code to steal payment card information into the ecommerce platform supporting Bombas’ website. Intruders accessed […]

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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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FTC orders $5.7 mln civil penalty for COPPA violation (the biggest ever for COPPA violations)

  On February 27, 2019, the American Federal Trade Commission (FTC) published a proposed stipulated order for civil penalties and other reliefs against Musical.ly for violation of the Children’s Online Privacy Protection Act (COPPA) by collecting personal information from kids without parental consent. The $5.7 million civil penalty is the FTC’s largest ever under COPPA. […]

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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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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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Facebook profile can be accessed by heirs, German federal court says

On July 12, 2018, the German federal court (Bundesgerichtshof, BGH) overturned the judgment of the Berlin’s highest state court (Kammergerichts), which had denied the parents’ access to their daughter’s Facebook account. The case involved a mother trying to access the deceased 15-year-old daughter’s Facebook account in order to understand the cause of death. With its […]

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