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Tag Archives for " CJEU "

What the outcome of the upcoming ruling in Facebook Ireland vs Schrems can mean for you

On the 16th of July, one of the most anticipated cases in data protection, case C-311/18 — Facebook Ireland versus Schrems — will be delivered by the EU Court of Justice.

The verdict in the groundbreaking “Schrems 2.0” case will dictate whether the widely used Standard Contractual Clauses (SCCs) and the EU/USA Privacy Shield will remain a valid means of transferring personal data to countries outside the EEA under the EU’s GDPR.

Full article: What the outcome of the upcoming ruling in Facebook Ireland vs Schrems can mean for your organisation and how to prepare for the 16th of July

YouTube not obliged to inform on film pirates, Europe’s top court says

Google’s YouTube is not required to hand over the email or IP address of users who upload films illegally to its video platform, Europe’s top court ruled on Thursday, saying there must be a balance between protecting personal data and copyright.

The case came before the Luxembourg-based Court of Justice of the European Union (CJEU) after a German court sought guidance on what video platforms must do to combat film piracy in a case concerning German film distributor Constantin Film Verleih.

The company, which had distribution rights to the films Scary Movie 5 and Parker in Germany, had asked YouTube and Google to provide the email addresses, telephone numbers and IP addresses of users who had uploaded those films illegally onto YouTube in 2013 and 2014.

Source: YouTube not obliged to inform on film pirates, Europe’s top court says – Reuters

Commission conducting ‘preparatory work’ should ECJ invalidate privacy shield

The European Commission is preparing for the eventuality that the European Court of Justice (ECJ) may invalidate the EU-US data transfer agreement, known as the Privacy Shield, Justice Commissioner Didier Reynders has said.

“We don’t have one plan, but we have some ideas about the different ways to give an answer, following the scope of the decision of the court,” he added, keeping his cards close to his chest, however, on the specifics of how the Commission would react to a legal invalidation of the Privacy Shield.

Source: Commission conducting ‘preparatory work’ should ECJ invalidate privacy shield  – EURACTIV.com

CJEU to decide on right of consumer protection associations and competitors to sue under GDPR

The Federal Court of Justice (BGH) has submitted to the Court of Justice of the European Union (CJEU) the question whether consumer protection associations or competitors are authorised to initiate a civil action in case of infringements of the General Data Protection Regulation (GDPR).

In this preliminary ruling procedure, the CJEU will have to decide whether, among other provisions, Art. 80 GDPR is in conflict with member state law which allows consumer protection associations and competitors to take action against infringements of the GDPR irrespective of the violation of subjective rights of individuals and without a mandate from the data subject.

Source: GERMANY: Right of consumer protection associations and competitors to initiate civil actions under GDPR will be case for CJEU

CJEU Considers the Use of CCTV and Legitimate Interests

With the use of CCTV on the rise, it has become increasingly important for controllers to find a framework in which the conflicting rights of those who are subject to such surveillance are balanced.

In its recent decision of TK v Asociaţia de Proprietari bloc M5A-ScaraAmonit, the CJEU considered whether the processing carried out by CCTV cameras was necessary and proportionate for the purposes of legitimate interests pursued by the controller. The CJEU re-emphasised that the legitimate interests condition requires processing to apply only so far as “strictly necessary”.

Source: CJEU Considers the Use of CCTV and Legitimate Interests

Advocate General delivers opinion on GDPR consent

On March 4, 2020, Advocate General Szpunar (“AG”) delivered his opinion in the case C-61/19 Orange România SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP).

The AG concluded that a printed telecommunication contract stating that customers consent to the processing of a copy of their identification card does not meet the strict requirements for consent of the GDPR, even if the customers are orally informed that they can refuse their consent by writing this by hand on the contract.

Source: Advocate General delivers opinion on GDPR consent

EU-UK Brexit talks: Differences clear after first week – BBC News

The two sides are far apart on key issues as the UK team heads home

If the sensitive personal data of EU citizens, such as DNA or criminal records, is going to be shared with the UK for crime-fighting purposes, then the EU wants the European Court of Justice (CJEU) to be the ultimate arbiter of the rules.

The EU also wants the European Convention on Human Rights (ECHR) to apply.

The UK does not want the CJEUto be mentioned anywhere in any deal. It also says that committing to the ECHR in an international agreement ties the government’s hands at a time when it’s carrying out its own review into the operation of human rights law in the UK.

Source: EU-UK Brexit talks: Differences clear after first week – BBC News

No Presumption of Confidentiality Over Documents Submitted in Marketing Authorization Dossier

On January 22, 2020, the Court of Justice of the European Union (CJEU) found that there is not a general presumption of confidentiality over documents containing clinical and preclinical data provided to the European Medicines Agency (EMA) to support a marketing authorization application.

However, the CJEU indicated that certain information may be protected if the interested party can specifically show that the disclosure will cause it harm. This is the first time the CJEU has ruled on this matter, upholding the EMA’s approach to handling access to documents requests.

Source: Highest European Court Confirms: No Presumption of Confidentiality Over Documents Submitted in Marketing Authorization Dossier

EU court adviser: data privacy laws should apply in national security cases

The European Court of Justice should uphold its 2016 decision that personal data cannot be seized and held indiscriminately by governments even on national security grounds, the court’s advocate general said in an opinion on Wednesday.

Reacting to four cases in France, Belgium and Britain in which governments called for greater powers to override data privacy, the advocate general, Manuel Campos Sánchez-Bordona, argued that EU law applies.

Source: EU court adviser: data privacy laws should apply in national security cases – Reuters

Advocate general will issue his view on EU data transfers tomorrow

Henrik Saugmandsgaard Øe, Advocate general at the Court of Justice of the European Union, tomorrow will issue his opinion in case brought by Austrian privacy activist Max Schrems.

At stake are standard contractual clauses used by Facebook and hundreds of thousands of companies, ranging from banks to industrial giants to carmakers, to transfer personal data to the United States and other parts of the world.

The opinion by advocate general  is non-binding. However, judges follow such recommendations in four out of five cases. The court will rule in the coming months.

Source: Facebook, privacy activist Schrems battle nears end on Dec. 19 – Reuters

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