Digitalisation & Data Protection
One of the areas in recent years, where the EU has become increasingly more active is data protection, where a number of new regulations, headlined by the General Data Protection Regulation (GDPR), have been adopted. The EU’s competence is derived from Article 8 of the European Charter of Fundamental Rights, which stipulates that everyone has the right to the protection of personal data concerning them.
In May 2018, the GDPR entered into force. The main goals are to strengthen the fundamental rights of individuals in the digital age, to clarify rules for companies and public bodies, and to do away with the fragmentation of different national systems and the administrative burdens that result from it.
Further regulatory efforts include the new EU Copyright Directive, an effort to strengthen the position of content producers vis-à-vis tech companies. The Commission has also proposed an ePrivacy Regulation, that aims to modernise the Privacy and Electronic Communications Direcive 2002 and keep up with the fast pace at which IT-based services are developing. The EU also intends to introduce a Cybersecurity package, that creates a mechanism for setting up European cybersecurity certification schemes for specific ICT processes, products and services.
CJEU clarifies edge cases of GDPR
The cases clarified what constitutes personal data processing under the General Data Protection Regulation (GDPR), particularly in contexts involving the dissemination of information by public authorities and the management of consent in digital advertising.
The Digital Services Act: A New Era for Online Platforms and Search Engines
The European Commission designated 17 Very Large Online Platforms (VLOPs) and 2 Very Large Online Search Engines (VLOSEs) that reach at least 45 million monthly active users.
Upgrades on EU company law with an emphasis on digitalisation expected
The proposal’s main goals include improving transparency, fostering trust, and reducing the administrative burden for companies, particularly SMEs, engaged in cross-border activities within the EU.
European Commission aiming to reform GDPR enforcement rules in cross-border cases
The GDPR has signified the importance and value that online personal data holds and established strict criteria for data collection and processing. Failure to comply can cost companies dearly.
WhatsApp fined €225 million, second-largest fine under the GDPR
The investigation had three major components: transparency in the context of non-users; transparency in the context of users; and transparency in the context of sharing of user personal data between WhatsApp and its sister companies.
TikTok: Dutch nonprofit alleges serious infringements of GDPR
In their complaint, SOMI brings out major infringements against the platform: the use and the lack of any appropriate safeguards for minors; the unlawful processing of personal data; the platform having no adequate technical and organisational measures to protect personal data; and the unlawful sharing of personal data.
Employee data rights reaffirmed in various settings
Two interesting data protection developments were concluded on the first week of October, with the Court clarifying elements of the Commission investigation procedure into anticompetitive activities and a hefty fine for a H&M subsidiary for data collection
GDPR: ‘Years away from legal certainty’ as breach notifications keep rising
Written question submitted by liberal MEP raises questions about practical enforcement of the Regulation
German property company slapped with €14.5m fine for GDPR infringements
The second highest GDPR fine has recently been imposed
YouTube settlement: Privacy concerns addressed?
Typical to recent data privacy violation fines, some hail it as a step forward, while others see it as too lenient
US slaps Facebook with $5 billion fine over privacy violations
In the continuing aftermath of the Cambridge Analytica Scandal, US authorities move to take financial action against Big Tech giant
‘European Parliament has noise-makers and law-makers’
INTERVIEW: Former European Commissioner Viviane Reding from Luxembourg sat down with In-House Legal to discuss Brexit, data protection and gender equality.
5G and political developments
The technology could have far-reaching effects across the World, leading politicians to race to the top
Tweeting yourself into legal trouble
The investigation into Elon Musk’s Twitter use reminds us of the impact that social media can wield.
Europe’s disputed copyright law: An overview
With 348 voting in favour, 274 voting against and 36 abstaining, the much-discussed EU Copyright Directive has finally been approved by the European Parliament.
EU Cybersecurity Act clears final parliamentary hurdle
The adoption establishes the first EU-wide certification scheme to ensure that cybersecurity standards are met.
German antitrust regulator lashes out at Facebook
The order by the Federal Cartel Office might have far-reaching effects in how Facebook manages its operations in Europe
EU policy and legal developments in 2019
With the European Parliament elections on the horizon, 2019 will be full of challenges to overcome for the European Union.
The European digital services tax: Now or never?
GDPR infringements: Fine-tuning the new data protection rules
With the enactment of the EU General Data Protection Regulation (GDPR) last May, data protection does not only move from a directive to a regulation but also from low (or no) fines to high fines.
Cyber liability insurance: Safeguarding financial interests against modern threats
Two world-wide cyberattacks and a comprehensive EU-wide data protection regulation have led companies to extensively revise their data handling methods. However, if businesses solely
GDPR: The Herculean quest for compliance
The European Union’s General Data Protection Regulation has kept many businesses and legal departments busy in recent months. Efforts to become compliant with the new law are
The new ePrivacy Regulation: Europe’s next privacy battle
EU copyright reform draws criticism
Closing ranks with IT security experts
The EU data protection regulation: effects and fallout
Why the EU digital tax is a sensitive issue
