Committee on Industry, Research and Energy Draft Opinion on ePrivacy

The Draft Opinion from Rapporteur MEP Kaja Kallas (ITRE) welcomes the change of legal instrument from a Directive to a Regulation, the extension of its scope, and the Commission's attempt to be technologically neutral, but proposes several amendments to the Draft ePrivacy Regulation. Specific qualms from the Committee on Industry, Research and Energy include provisions on tracking and ...

The Italian DPA issued its first guidelines on the GDPR

My article published on Lexology. Scenario On 28 April the Italian Data Protection Authority (“Garante”) issued its first guidance on the new provisions of the General Data Protection Regulation (“GDPR”), consisting of a schematic overview of the changes in the current legal framework and recommendations on how to face them. The Garante focused on six specific aspects: Lawfulness ...

DIGITAL OUT-OF-HOME (DOOH) ADVERTISING AND THE FUTURE OF CORPORATE SOCIAL RESPONSIBILITY

Have you ever heard of Digital Out-of-Home (DOOH) advertising? Probably not, but it has most likely seen you, without your consent and without you even realizing it. The world of advertising has made incredible progress thanks to the digitalization of something as simple as the billboard. Shopping malls, airports and train stations are full of strategically ...

Complementing the GDPR: The ePrivacy Regulation Part I

This is the first blog of a series of posts which will explore aspects of the ePrivacy Regulation adopted on 10 January 2017 which aims to provide stronger privacy protections in electronic communications. On 10 January 2017 the European Commission adopted the Proposal for a Regulation on Privacy and Electronic Communications (the Draft ePrivacy Regulation) concerning ...

University of Maastricht’s European Centre on Privacy and Cybersecurity

In January of this year I became a Visiting Fellow at the University of Maastricht's European Centre on Privacy and Cybersecurity, a platform for research focused on legal issues related to personal data protection and cybersecurity. ECPC has a strong European and international outlook and brings together an interdisciplinary group of researchers active in areas of ...

Brexit and the future of data transfers to the UK

On 29 March 2017 Theresa May, the Prime Minister of the United Kingdom, officially invoked Article 50 of the Treaty on European Union, effectively triggering Brexit.  But what does that mean for us as data protection and privacy experts and how will companies be affected by Brexit? The Lisbon Treaty establishes that countries exiting the EU ...

The Case of Standard Contractual Clauses: The Irish Data Protection Commissioner & Max Schrems

“The supervisory authorities should have the power to prohibit or suspend a data transfer or a set of transfers based on the standard contractual clauses in those exceptional cases where it is established that a transfer on contractual basis is likely to have a substantial adverse effect on the warranties and obligations providing adequate protection ...

Italian employers can no longer control employees’ e-mails and communications when private-professional use of corporate devices are allowed

Background information/scenario Since the publication of the Guidelines Applying to the Use of E-Mails and the Internet in the Employment Context, the Italian Data Protection Authority (“Garante”) has had more than one opportunity to state its view on the controls of IT devices provided to employees to perform their job. In the case at stake, a ...

The Italian Data Protection Authority forbids the use of contact details of companies and professionals for marketing purposes without prior consent

Background information/scenario Do marketing purposes need specific consent and does such consent apply even when targeting professionals and companies whose contacts are publicly available on Internet? In one of its first decisions dated 2017, the Italian Data Protection Authority  (“Garante”) restated that all data controllers must collect a freely given and specific consent in order to ...