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710 Publications

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

710 articles

Data Protection and Conflict of Interest

The role of the Data Protection Officer (DPO), or Encarregado de Dados, is critical to fostering a culture of privacy and data protection in organisations. Given their unique position, DPOs must have independence, autonomy, and direct access to senior management to fulfil their duties effectively. However, as organisations seek to optimise resources, the possibility of role accumulation often arises, whereby a DPO might take on additional responsibilities within the company. This raises significant questions around conflict of interest, particularly as data protection regulations continue to evolve in Brazil and globally.

12 November 2024

Unauthorized Processing of Personal Data in Connection with a Traffic Accident

The Slovak Office for Personal Data Protection (hereinafter referred to as the “Office”) recently imposed a fine of EUR 7,500 on Company CC for repeated and serious violations of data protection rules under the GDPR. Company CC, which focuses on compensating traffic accident participants, unlawfully collected and processed personal data without a proper legal basis and subsequently contacted these individuals with service offers. This case underscores the importance of lawful and transparent processing of personal data.

5 November 2024

AN INSIGHT INTO THE NEW NIGERIAN CODE OF CONDUCT FOR DATA PROTECTION COMPLIANCE ORGANIZATIONS (DPCOs) 2023

The Nigeria Data Protection Commission (the Commissi-on or NDPC), in exercise of its regulatory mandate and after a painstaking validation process involving stakehol-ders such as Data Subjects, Data Controllers, Data Proces-sors and Data Protection Compliance Organizations (“DPCOs”), issued a Code of Conduct Directive for DPCOs in 2023 (“the Code”). Based on the provisions of Article 4.1(4) of the Nigeria Data Protection Regulation (NDPR) 2019, and Section 33 of the Nigeria Data Protection Act (NDPA) 2023, DPCOs are organisations that are duly licensed by the Nigeria Data Protection Commission for the purpose of training, auditing, consulting and rendering services aimed at ensur-ing compliance with the Nigeria Data Protection Act and all applicable legislations and regulations.

22 October 2024

Enforcement & finesMarketing & cookies

Tracking trouble: AS Watson's €600,000 fine and Google’s Privacy Sandbox under scrutiny

Recently, two notable cases have emerged demonstrating that the consent requirement for cookies is not always adhered to. The Dutch Data Protection Authority (AP) fined AS Watson B.V., the parent company of the Dutch drugstore chain Kruidvat, €600,000 for placing tracking cookies on Kruidvat.nl without the required consent. At the same time, concerns are being raised about Google’s Privacy Sandbox, which critics claim is also not fully compliant with the consent requirement. In this article, we will discuss these two recent cases. Additionally, we will delve into future regulations regarding cookies and the subsequent consent requirements. We will conclude with some practical tips.

3 October 2024

Controversial Swedish Freedom of Press Exemption challenged by the GDPR

The GDPR, designed to safeguard personal data, sometimes conflicts with rights like freedom of expression. In Sweden, online publishers can get a certificate of publication, exempting them from GDPR. This exemption, rooted in principles dated back to the second world war of free speech and transparency, is now exploited by websites to share personal data that GDPR would typically protect, such as addresses, incomes, and even criminal records, by offering them to any paying user. Traditional media criticize these practices, and despite lawsuits, such as for defamation, the sites have largely prevailed. However, recent court rulings have started to prioritize GDPR over these exemptions, creating legal uncertainty for any online publishers dependent on the exempti on. This article will clarify what these certificates are, their function in Sweden, and the impact of new court rulings that threaten this constitutional safeguard as well as the repercussions for online publishers.

26 September 2024

Breach notification

The Mischief of Mismanagement: Tale of a Breach of the GDPR

In early 2022, the Portuguese National Data Protection Supervisory Authority (“CNPD”) accused Lisbon’s Municipality of retaining demonstrators’ and protestors’ personal information for longer than necessary and sharing it with national and foreign public entities without proper legal basis, in breach of the principle of data minimization, without having previously conducted a data protection impact assessment and in breach of their obligations to inform data subjects about data processing operations. This Article provides an overview of the Administrative Court Decision that, almost two and a half years later, confirms the impressions of the CNPD and fines the Municipality in over one million euros for its mischief in the management of personal data.

17 September 2024

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