The Weltimmo decision issued by the European Court of Justice on October 1, 2015 is probably one of the most important decisions on processing of data. It is so for three reasons. First, it defines the “establishment” in the most peculiar way, which has consequences in point of application of national data protection of the member states and […]
The European Court of Justice has just issued its Judgment in Case C-230/14 Weltimmo s.r.o. v Nemzeti Adatvédelmi és Információszabadság Hatóság. The Court held that the data protection legislation of a Member State may be applied to a foreign company which exercises in that State, through stable arrangements, a real and effective activity. The facts: […]
On September 23, Advocate General Yves Bot at the European Court of Justice (“AG”) released his Opinion in C-362/14 (Maximilian Schrems v. Data Protection Commissioner). Waiting for the decision of the European Court of Justice – expected on October 6 – and keeping in mind that the Court follows the Advocate General’s opinions 80% of […]
Dutch courts seem conscious of the need to balance privacy with the right to freedom of expression. Two authors, Kulk and Zuiderveen Borgesius, published on August 27, 2015, a paper, Freedom of Expression and ‘Right to Be Forgotten’ Cases in the Netherlands after Google Spain, examining how the Google Spain judgment has been applied in […]
On September 21, 2015, the French Data protection Authority CNIL (Commission Nationale de l’Information et des Libertés) rejected Google’s informal appeal against the formal notice (see here) requesting it to apply delisting on all the search engine’s domain names, not only “fr” but also .es; .co.uk; .com, etc. The CNIL noted that if the right to be forgotten is […]
Authors discuss the Advocate-General conclusions in the Schrems case. According to the article, the opinion holds that “national data protection regulators do have the power to undertake such investigations [EU-US data transfers] and suspend data transfers”. The full text is available http://www.technethics.com/gayle-mcfarlane-and-andre-bywater-european-court-weltimmo-ruling-on-the-jurisdiction-of-data-protection-regulators/ Originally published in http://www.corderycompliance.com…
On September 11, 2015, the European Data Protection Supervisor (EDPS) issued an opinion “to provide a framework for a wider and deeper discussion on how the EU can ensure the integrity of its values at the same time as it embraces the benefits of the new technologies”. Opinion 4/2015, “Towards a new digital ethics, Data, […]
France Article 32-II of the French Data Protection Act transposes into French law the obligation to obtain informed consent to store information of Article 5.3, Directive 2002/58/EC (above). On December 16, 2013, the CNIL, the French Data Protection Authority, released a set of practical FAQs (plus technical tools and relevant source code, in French) providing […]
Cookies are making headlines in Europe recently. In this blog we will have a closer look at the situation of France, Germany, Italy and the UK, focusing on information to users, users’ consent and consequences of violations. What is a cookie? “A cookie is a small piece of data that a website saves on your […]
Author discusses French DPA’s decision ordering Google to block search results not only on .fr, but also on all other domains, such as for example, Google.com or Google.jp. The full text is available at http://www.slate.com…