(ECJ) Advocate General’s opinion in case Case C‑311/18 (so called “Schrems II”)

On December 19, 2019, ECJ’s Advocate General (“AG”)Saugmandsgaard Øe delivered his opinion in case Case C‑311/18. In particular, the AG notes that the request for a preliminary ruling submitted by the High Court of Ireland (‘the High Court’) relates to one of the forms that the “appropriate safeguards” may take: a contract between the exporter and the importer […]

Advocate General Campos Sánchez-Bordona (ECJ)opines the means and methods of combating terrorism must be compatible with the requirements of the rule of law

Opining in a case in which the ECJ is asked to interpret Directive on privacy and electronic communications to activities relating to national security and combatting terrorism on four references for a preliminary ruling [1] the Advocate General Campos Sánchez-Bordona clarifies the means and methods of combating terrorism must be compatible with the requirements of […]

Spanish DPA’s guidance on cookies

On Nov 8, 2019 also the Spanish DPA (Agencia espanola de proteccion de datos – AEPD) issued a guidance on cookies. The guidance (“Guia Sobre el Uso del las Cookies”, “Guia”) applies to cookies and other technologies. After an introduction, the Guia consists of 4 sections:1. ALCANCE DE LAS NORMAS (scope); 2 TERMINOLOGÍA Y DEFINICIONES […]

EDPS Guidelines on controller, processor, and joint controllers: an overview

On November 7, 2019, the European Data Protection Supervisor (EDPS) [i] issued the Guidelines on the concepts of controller, processor and joint controllership under Regulation (EU) 2018/1725 (“Guidelines”). As a background, Regulation (EU) 2018/1725[ii] (“Regulation”) applies to the processing of personal data by the Union institutions, bodies, offices and agencies. The Guidelines aim at providing […]

ICO’s Guidance on legitimate interests

This guidance aims at helping controllers “to decide when to rely on legitimate interests as … basis for processing personal data and when to look at alternatives.” The entire Guidance is helpful but particularly helpful are the sections: “Are there cases when legitimate interests is likely to apply?” The GDPR highlights some processing activities where […]

ICO’s opinion on live facial recognition by enforcement authorities

On October 31, 2019, the UK Data Protection Authority, the Information Commissioner Officer (ICO), published an opinion on live facial recognition (“LFR”) by enforcement authorities: The use of live facial recognition technology by law enforcement in public places (“Opinion”) The ICO points out that a statutory and binding code of practice issued by government, modelled on […]

Google “Safari Workaround” action’s “block” overturned by UK Court of Appeal

On October 2, 2019, the UK Court of Appeal unanimously overturned a block on a “class-action” lawsuit (technically a “collective action”) brought by a veteran on behalf of millions iPhone users against  Google for the latter’s use of “Safari Workaround” . Now the case can be heard. The lawsuit alleges that Google secretly tracked some […]

EDPB’s 14th Plenary Session

On October 8th and 9th, 2019, the European Data Protection Board (“EDPB“), which is the EU body in charge of the application of the General Data Protection Regulation (“GDPR) and consists of a representative of each EU DPA and of the European Data Protection Supervisor (EDPS), met for its fourteenth plenary session and: – adopted the final […]