CJEU rules storing cookies requires internet users’ active consent and therefore a pre-ticked checkbox is insufficient

The Court of Justice of the European Union in its Judgment in Case C-673/17 Bundesverband der Verbraucherzentralen und Verbraucherverbände ̶ Verbraucherzentrale Bundesverband eV v Planet49 GmbH, confirmed "that the consent which a website user must give to the storage of and access to cookies on his or her equipment is not validly constituted by way ...

Social plug-ins and joint controllership

The European Court of Justice in Case C-210/16, also known as the Fashion ID case, concerns the joint controllership relationship between Facebook and website operators that embed the Facebook “Like” button on their site.  Fashion ID GmbH & Co. KG, an online fashion retailer had the Like button on its website.  In order to better understand the ...

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 ...

Data Retention: CJEU reaffirms that exceptions to privacy should only apply if strictly necessary

On 21 December 2016 the Court of Justice of the European Union provided its Judgment in Joined Cases C-203/15 Tele2 Sverige AB v Post-och telestyrelsen and C-698/15 Secretary of State for the Home Department v Tom Watson and Others prohibiting the application of Member State laws that call for general and indiscriminate electronic communications data ...