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710 Publications

What is changing in each member's jurisdiction — enforcement, case law, new obligations.

710 articles
Enforcement & finesBreach notification

FOUR YEARS OF GDPR: The Danish approach to data protection, or absence thereof?

25th May 2022 marked the 4th anniversary of the entry into force of the General Data Protection Regulation (GDPR) and the announcement of sanctions with a deterrent effect. However, the obligation to issue fines that are effective, proportionate and dissuasive has not been met at all by the Danish Data Protection Authority and the Danish courts. The lack of enforcement of the rules will ultimately lead to a lax treatment of personal data and may in the long term have serious consequences for the protection of the fundamental rights of individuals.

15 September 2022

Children

Bulgarian PDPC adopted a list of processing operations requiring prior consultation

Bulgarian PDPC has adopted a list of processing operations that require prior consultation which is addressed to the authorities subject to Directive (EU) 2016/680. This list does not directly applies to the accitvities of the controllers and processors subject to GDPR, but provides an indication for operations which rise high risks and require DPIA and eventual prior consultation under GDPR as well.

13 September 2022

Health data

Largest cyber attack in the history of Costa Rica: Does the state of emergency continue?

On May 11, 2022, the Costa Rican government declared a National State of Emergency throughout the public sector for cybercrimes suffered by various public institutions (Executive Decree 43542-MP-MICITT). Two international cybercriminal organizations claimed responsibility for the attacks: Hive Ransomware Group and Conti Ransomware. This is an unprecedented situation in the history of the country.

5 September 2022

Legislation

A New Direction for UK Data Protection Law: the Data Protection and Digital Information Bill

The UK government’s Department for Digital, Culture, Media & Sport ("DCMS") has published proposed legislation that will make extensive amendments to the UK’s data protection laws if enacted. The Data Protection and Digital Information Bill (the "Bill") was introduced to Parliament on 18 July 2022 and largely follows the plans announced on 23 June 2022 in the government's response to the consultation Data: a New Direction.

29 August 2022

Litigation

Decision of the Slovak court regarding requested disclosure of personal data

In today's society, the issue of fulfilling the characteristics of personal data is the subject of many disputes as well as legal discussions. What would not have fulfilled the definition of personal data 5 years ago is possible today, because technological advances are making it increasingly easier. For this reason, it is necessary to exercise a considerable degree of prudence when disclosing personal data. Supreme Court of the Slovak Republic pointed out that "personal data is not only the data by which the natural person is directly identified, but also the data relating to the identifiable person." and pointed out that appealed decision of District Court, based on which District Court did not comply with the request regarding disclosure of personal data, was right.

26 August 2022

Marketing & cookiesLitigation

Use of Google analytics (still) breaches the GDPR – austrian data protection authority rejects risk based approach

The Austrian Data Protection Authority (DPA) decided in another decision (22nd of April 2022, D155.026, 2022-0.298.191) that the use of Google Analytics (GA) is (still) violating the GDPR. The DPA held that the transfer of personal data to the US in light of the Schrems II decision is particularly problematic. In this second decision on the usage of GA the DPA explicitly rejects the “risk-based approach” for data transfers to third countries.

16 August 2022

Employment dataLitigation

Can an employer ask the candidate to provide him with a court certificate that criminal proceedings are not being conducted against him

When establishing an employment relationship, employers often ask the candidates for a court confirmation that no criminal proceedings are being conducted against them. The adoption of the new Data Protection Law in Serbia has raised the question whether such a request is justified or it can be consedered as an excessive processing of personal data.

9 August 2022

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