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Interesting new CJEU judgment on “controllership” (but only limited considerations re “joint controllership”) and perhaps incidentally broadening the legal ground of “legal obligation” under the GDPR. The CJEU says that legal provisions can determine the purposes and means “at least implicitly”, which is not exactly what some authorities had considered previously. The context: the Moniteur […]
The relative nature of “personal data” strikes again (or does it?). In today’s judgment in C-319/22 (Scania), the CJEU has seemingly confirmed that whether information is “personal data” or not depends on the entity/person processing it, like the General Court had done in other cases. This case asks whether a vehicle identification number (VIN) is […]
I’m seeing significant misinterpretations of the CJEU’s newest GDPR judgment. The CJEU *did not say* today that simply seeing information on a mobile app is processing of personal data. Instead, it said that *the process by which a COVID certificate is scanned by a device and then interpreted to reveal a green checkmark or a […]
After some initial thoughts on Tuesday, here is a slightly expanded analysis of the “contract” legal ground assessment by the CJEU in its new Meta judgment (C-252/21). Once again, I hope this ruling will not be misapplied in practice – and that controllers who build personalisation into a service for valid reasons are not forced […]
Objectively indispensable”, that’s how the CJEU describes the threshold for processing of personaldata to be necessary for performance (or conclusion) of a contract under Art. 6(1)(b) GDPR. In its new Meta judgment (case 252/21), the Court of Justice examined many points of law, but it may be useful to other organisations to look at paragraphs […]
15 months, countless meetings with publishers, audience measurement providers, adtech players, personalized content companies, … With TCF 2.2 launched, time to reflect on the enormous privilege I had of being involved (and prominently so) in so many stages of the development of new iterations to such an important standard for the online ecosystem. My role […]