CNIL found the one-stop-shop mechanism didn’t apply to Google and issues 50 million Euro fine in relation to Android phone

  On January 29, 2019, the French Data Protection Agency, the Commission Nationale de l’informatique et des Libertés (CNIL) imposed a fine of 50 million Euros on Google LLC under the EU General Data Protection Regulation (GDPR) for failure to (i) provide information to users configuring their Android mobile device and creating a Google account in breach of […]

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Nigeria’s extensive data protection law is in force

On April 25, 2019, the Nigeria Data Protection Regulation 2019 entered into force. The Regulation was issued by the National Information Technology Development Agency, NITDA, and it mirrors the EU General Data Protection Regulation (GDPR). The Regulation’s scope of application is quite broad. It applies to all transactions intended for the processing of personal data […]

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Facebook users can file civil law suits, in addition to data protection complains, Vienna higher court rules

  On March 25, 2019, Vienna’s higher Regional Court (Oberlandesgericht Wien) ruled that “every citizen can not only file a complaint with the data protection authority, but also submit a lawsuit in courts.” See here. The claims is complicated and concerns Facebook’s breach of EU privacy laws. See here for more info. The admissibility of […]

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Italian DPA deems that civic access of deceased data is excluded by law when privacy could be violated

  On January 10, 2019, the Italian Garante per la Protezione dei Dati Personali, the Italian data protection authority, DPA, released an opinion according to which the deceased continues to enjoy the protections provided for by the data protection legislation. In a case of alleged malpractice, an individual asked a healthcare company to allow access […]

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Spanish DPA publishes survey on device fingerprinting

On February 2, 2019, the Spanish Data Protection Agency (AEPD) published a Survey on Device Fingerprinting. (“Survey“) “Device fingerprinting is the systematic gathering of information on a specific remote device with the aim of identifying, singling out and, thus being able to monitor its user’s activity for the purpose of profiling.” The data set extracted […]

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Advocate General opined that embedding a Facebook “Like” button on websites could determine a situation of joint control

On December 19, 2018, Advocate General Bobek, published his opinion in case C-40/17, deeming that anyone who enters the Facebook “Like” button on his website can be considered a joint controller. In this case, a German fashion online retailer embedded a Facebook’s ‘Like’ button in its website. As a result, when users landed on the […]

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CNIL publishes guidance on data transfer to third parties for electronic prospecting

  On December 28, 2018, the French Data Protection Agency, the Commission Nationale de l’informatique et des Libertés (CNIL) published several principles to help companies comply with the General Data Protection Regulation (GDPR) while transferring personal data to their commercial partners for electronic prospecting. Particularly, the CNIL highlights how: the data subject must give consent before […]

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Brazil approves new General Data Protection Law

On August 14, 2018, the Brazilian president signed the Lei Geral de Proteção de Dados Pessoais (“LGPD”) into law. The LGPD is a comprehensive data privacy regulation, which has many similarities with the GDPR, such as for example its broad scope of application, which includes processing activities conducted wholly outside of Brazil, but affecting or […]

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CNIL published guidelines on data protection in the health sector

In June 2018, the CNIL, Commission Nationale Informatique & Libertes, published guidelines for the protection of personal data in the health sector. In particular, the French Data Protection Authority (DPA) provides professionals in the health sector with tips to comply with the EU Privacy Regulation 2016/679, GDPR: limit the information collected to what is necessary […]

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