Can't find what you're looking for? Try the search bar or refine your parameters using the Frameworks & Concepts button above.
In today’s EU Official Journal, new questions submitted to the CJEU: What is “necessary” for performance of a contract under the GDPR, and can customary business practices be taken into account in this assessment? In languages such as French where gender traditionally has an influence on many words in a sentence and also on how […]
Another important CJEU judgment! Whether GDPR administrative fines are “criminal penalties” or not is a relevant issue for both insurability and indemnification clauses (e.g. “Y agrees to indemnify and hold Z harmless for data protection violations”). Today’s CJEU’s judgment in case C-27/22 strengthens the position of those who raised concerns regarding GDPR fine insurance and […]
In today’s Official Journal: Meta’s annulment action against the EDPB’s Consent or Pay Opinion (Opinion 08/2024). Here are the pleas: “In support of the action, the applicant relies on seven pleas in law. 1. First plea in law, alleging that either Article�64(2) GDPR is illegal and inapplicable pursuant to Article�277�TFEU, or it requires a restrictive […]
Does the GDPR mean gender-neutral language is required? Today’s Opinion by Advocate General Szpunar challenges a common practice in certain languages, namely asking for title (“Madame” & “Monsieur” in French) for contract-related communications. Many organisations want the opening line of an e-mail to be personalised in the name of customer service (“Cher Monsieur XX”, “Ch�re […]
New Belgian DPA decision, interesting on 3 points: 1. Confirmation of BDPA’s approach re “legal obligation” and “public interest” legal grounds 2. Re retention: the need to assess recidivism does not justify unlimited processing 3. Reference to EDPB’s newly updated GDPR fining guidelines (re factors affecting the amount of the fine) 1. The Order of […]
?? Let’s dare to question the primacy of the right to the protection of personal data, and see what comes of it. A little pragmatism, perhaps, given that data protection is not absolute? Here’s my summary for the “too long; didn’t read” crowd: (but really, read the whole article!) – GDPR compliance is the justification […]
Let the name-calling begin. Companies looking to leverage data are now told that it is just like they are responsible for oil spills, cancer and drug cartel violence. As a lawyer working for some of the companies facing these absurd comparisons, I thought I would tackle another controversial stance now: just how absolute (or relative) […]
Out of the blue, I just received an invitation to apply for a job as Tax legal advisor. Contrary to their belief (hopefully not yours), I have developed a different kind of expertise (maybe I should offer my services to help them improve their understanding of their data). If, unlike them, you think I might […]
Expect a lot of misinformation regarding AG Rantos’s Opinion of today in the CJEU case regarding Schrems v Meta. Why? (i) Some campaigners are claiming that this is a victory on question 2*, because the advertising industry would allegedly keep years and years of data for advertising purposes. Yet old information is less valuable for […]
Illustration: Dall-E rendering of just how potentially evil the European Data Protection Board (EDPB) and certain privacy rights campaigners view the “Pay or Consent” approach + large companies. I didn’t try to get any drug cartel references in there, though as a lawyer acting for adtech companies I have been likened to a drug cartel […]
