Following the positions expressed by the Austrian, German and French Supervisory Authorities (see our previous Alert), the Italian Supervisory Authority (Garante per la Protezione dei Dati Personali, Garante-) published on 9 June 2022 a specific measure, according to which website analytics solutions used to measure online audience (Analytics Service Solutions) infringe on the EU General Data Protection Regulation no. 2016/679 (GDPR – external source) when such use implies a transfer of personal data to a third country without an adequate level of personal data protection, such as the United States. Generally speaking, the Garante, aligned its position on the matter with its counterparts.(more…)
European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022.
As the General Data Protection Regulation (GDPR) is approaching the fourth anniversary of its entry into force, the ePrivacy Regulation—a companion piece to address online communication and that was supposed to be adopted at the same time—remains in the limbo of the European legislative process.
In the meantime, the effects of the Schrems II decision of 16 July 2020 (see our alert here), which canceled the Privacy Shield and placed stricter requirements on the use of standard contractual clauses, continues to ripple through data protection compliance efforts of companies worldwide.(more…)
The French Supervisory Authority has set 31 March 2021 as the end of the “reasonable period” to bring websites and mobile applications into compliance.
To make its action plan on online advertising effective and in view targeting of the deficiencies witnessed in both the public and private sectors, the CNIL set a specific deadline for the implementation of its recommendation: 31 March 2021.(more…)
French Administrative Supreme Court Endorses Data Protection Authority’s Position on Cookies, Prohibits Prohibition on Cookie WallsJuly 25th, 2020 | Posted by Claude-Etienne Armingaud in Case Law | cookies | eCommerce | Press | Privacy - (0 Comments)
On 4 July 2019, the French Data Protection (CNIL) published its Guidelines on Cookies and Other Tracking Technologies (the Guidelines, available in French here). The Guidelines further detailed the nature of the interplay between the General Data Protection Regulation (GDPR) which reinforced expectations towards obtaining consent to data processing operations when such consent is required), and the ePrivacy Directive which more specifically addresses the privacy requirements on cookies and other tracking technologies. Indeed, while the ePrivacy Directive was expected to be updated through an ePrivacy Regulation (latest draft proposal available here), on or before GDPR entered into force, it remains under discussion at the European level to this day, and subject to intense lobbying by all stakeholders.
France’s top administrative court has overruled the country’s data authority regarding “cookie walls”, stating that as an agency that only offers guidelines – so-called flexible laws – the authority cannot prohibit their use.(more…)
Approaching its second anniversary this month, the European General Data Protection Regulation (GDPR) has never been as relevant as in these unprecedented COVID-19 times. While several countries are considering the implementation of contact tracing apps, a consensus has seemed to surface on subjecting their use to a voluntary basis. The notion of “consent” remains therefore the cornerstone (albeit not the only one) of the European data protection framework.
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