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709 Publications

What is changing in each member's jurisdiction — enforcement, case law, new obligations.

709 articles

Technical Cooperation Agreement between the National Data Protection Authority (“ANPD”) and the Brazilian Antitrust Authority (“CADE”)

Following one of ANPD’s main goals set out in its strategic agenda for 2021-2023, which includes establishing an effective regulatory environment for the protection of personal data and strengthening of the culture of personal data protection, the ANPD has entered into a technical cooperation agreement with CADE, in order to establish coordinated action in cases of violation of the economic order involving personal data.

13 August 2021

Breach notificationLitigation

Request for Preliminary Rulings on Data Controllers Liability in Case of a Data Breach

The Bulgarian Supreme Administrative Court has referred several questions to the CJEU regarding preliminary rulings on the liability of the controllers in case of a data breach. The request is related to one specific administrative proceeding but affects all pending claims before the court against the Bulgarian National Revenue Agency with regards to the massive data breach at the Agency in 2019. The motive for requesting such rulings is the fact that so far the legislation has been interpreted and applied by the lower instances in the country inconsistently in all elements regarding the controller’s liability.

11 August 2021

Litigation

Damages For GDPR Violation – Austrian Supreme Court Refers Several Questions To Court Of Justice Of The European Union (Cjeu)

The Austrian Supreme Court paved the way for a more coherent interpretation of the GDPR regarding damages by initiating the preliminary reference procedure. In its reference for a preliminary ruling, the Austrian Supreme Court asked several questions on the interpretation of Art. 82 GDPR. The forthcoming clarification of fundamental questions on damages in the legal system of the GDPR will have a considerable influence on corresponding and future court proceedings in all European member states.

9 August 2021

Employment data

Data protection in teleworking context. Romanian perspective

The pandemic context has accelerated the use of telework and triggered a shift towards additional flexibility of work that will most likely continue and evolve in the next years. Complying with GDPR in a tele-working environment becomes even more difficult and requires extra efforts from companies. Considering the trend towards flexibility of work and globalization of the work force, companies will need to go the extra mile to remain competitive on the new labor market, including by assuming addtional risks and compliance efforts from a data protection perspective. This article presents the main data protection challenges a company may face when using telework.

21 July 2021

Enforcement & finesData subject rightsLitigation

Based on the appeal of the controller, the imposed fine for several GDPR violations has been increased almost 15 times!

By filing an appeal against the first-instance decision, the controller worsened its situation when the supervisory body increased the amount of the financial sanction almost 15 times! The principle of prohibition of reformatio in peius (prohibition of tightening up of the previous decision) is one of the essential principles of criminal proceedings, but in administrative proceedings, the tightening up of the first instance administrative decision is allowed.

19 July 2021

Marketing & cookies

Tracking the slow demise of third-party cookies – A UK update.

Regulatory pressure and heightened consumer concern around the use of third-party cookies to track users online and to deliver personalised and targeted digital advertising appear to be driving a concerted industry-led move away from the use of these technologies, and towards potential alternatives. The UK’s Information Commissioner’s Office announced in January 2021 that its investigation into the Adtech industry would resume, having been ‘paused’ since May 2020. Discussions continue around the development of a new European ‘ePrivacy’ Regulation, and it is not possible to know for sure whether the UK will seek to remain aligned with this new law when it does ultimately come into effect. It remains unclear at this stage what might ultimately replace third-party cookies, and whether this will take the form of an alternative means to deliver user-targeted advertising, or whether a broader shift away from user-centric targeting might be underway. This article examines the UK regulatory backdrop and key trends in this direction as well as discussing what might be coming down the line.

16 July 2021

Recent decisions of the Austrian Data Protection Authority (DPA)

The pandemic year did not make data protection obsolete. Instead, a large amount of personal data was collected and processed in order to manage and contain the COVID-19-crisis, so that the DPA and the courts had to deal increasingly with this issue. This article therefore presents interesting decisions on Austrian Data Protection Law, in particular the decisions on (1) the transmission of a negative PCR test result to the health authority and (2) on the requirement to file a complaint in connection with an unfilled health questionnaire about a possible infection with the COVID-19-virus.

12 July 2021

International transfersHealth data

E-Health, Data Protection and Data Security: Legal foundations and practical implementation of data transfer management in the health sector

Fitness trackers, electronic health cards, online consultations – the digital age has long since arrived in the world of medicine. With some driven by innovation and others still dragging their feet, the health sector now finds itself in the midst of digitalization. And yet, processes and the legal framework are characterised by special regulations, exceptions and U-turns. Particularly in the area of data protection, digitalization is now giving rise to new problems and issues – something no one really has any time for in this fast-paced business. This article highlights some of these challenges, and points at how a form of digitalization can succeed that also makes legally necessary processes simpler and clearer.

7 July 2021

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