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Tag Archives for " noyb "

noyb brings Luxemburg’s Data Protection watchdog to court for refuses to act on US companies

noyb filed an appeal against two decisions of the Luxemburg Data Protection Authority (CNPD) before the administrative tribunal of Luxemburg on a fundamental matter: the authority dismissed two complaints lodged against US-based data controllers, Apollo and RocketReach.

The CNPD explicitly confirmed that the General Data Protection Regulation (GDPR) applies to these non-EU companies. However, the CNPD considered that it could not enforce the GDPR against these US controllers, despite multiple enforcement options within the EU. These decisions fundamentally undermine the application of the GDPR to all foreign companies on the EU market – a key promise of the law when it was introduced in 2018.

Source: Luxemburg’s Data Protection watchdog refuses to show its teeth to US companies. noyb files court case.

Class Actions in Belgium – the next level in GDPR enforcement

In Belgium a tangible risk now exists for collective redress actions as Belgian law contains a comprehensive – and from a European perspective – unique class action scheme in its Code of Economic Law.

Since NOYB – the non-profit organisation of activist Max Schrems – has been granted the status of ‘group representative’ by a Ministerial Decree last September 2020, this new type of private privacy watchdogs should be factored into your enforcement risk assessment.

The Belgian collective redress scheme allows a group of consumers (or SMEs) to claim, in their personal capacity, damages suffered as a result of a common cause. The causes that may be invoked concern breaches by a company of its contractual obligations or infringements of (among others) the GDPR and the Belgian cookie rules.

Source: Belgium: Class Actions in Belgium – the next level in GDPR enforcement

NOYB Approved to File Class Actions and Claim Damages in Front of Belgian Courts

On October 29, 2020, the non-governmental organization co-founded by privacy activist Max Schrems, None of Your Business (NOYB), announced it can now file representative actions and claim damages on behalf of consumers for violations of various laws regarding consumer protection (including data protection law) in Belgium.

The Belgian Minister of Employment, Economy and Consumer Affairs approved NOYB as a qualified entity under the collective action scheme set forth in the Belgian Economic Code. This approval comes in anticipation of the implementation of the Collective Redress Directive, which is expected by 2022 and requires each EU Member State to provide for a collective redress mechanism.

Source: NOYB Approved to File Class Actions and Claim Damages in Front of Belgian Courts

Max Schrems files complaint against Amazon

Max Schrems, head of None Of Your Business (noyb), has announced the not-for-profit organisation is to file a complaint to the German data protection authority over data protection standards at Amazon.

According to the NGO, Amazon is at fault due to a major lapse in data security. Noyb maintains that Amazon is in breach of the EU’s General Data Protection Regulation (GDPR) because its email servers, used to support direct communication between third-party sellers on the platform and consumers, do not accommodate baseline industry encryption in some instances.

Source: #Privacy: Max Schrems files complaint against Amazon

Privacy campaigner Schrems slaps Amazon, Apple, Netflix, others with GDPR data access complaints

European privacy campaigner Max Schrems has filed a fresh batch of strategic complaints at tech giants, including Amazon, Apple, Netflix, Spotify and YouTube.

The complaints, filed via his nonprofit privacy and digital rights organization, noyb, relate to how the services respond to data access requests, per regional data protection rules.

Source: Privacy campaigner Schrems slaps Amazon, Apple, Netflix, others with GDPR data access complaints | TechCrunch

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