Austrian Data Protection Authority Validates Paid Subscription Model as a...
On 30 November 2018, the Austrian Data Protection Authority (“DPA”) decided that the website of an online media publisher – which offers users the option to either consent to advertising cookies or pay...
View ArticleGoogle fined €50 million in France for GDPR violation
On January 21, 2019, the French Supervisory Authority for data protection (“CNIL”) issued a fine of €50 million against Google for violations of the General Data Protection Regulation (“GDPR”) (the...
View ArticleChina Releases Draft Amendments to the Personal Information Protection Standard
On February 1, 2019, China’s National Information Security Standardization Technical Committee (“TC260”) released a set of amendments to GB/T 35273-2017 Information Technology – Personal Information...
View ArticleEuropean Data Protection Board releases Guidance on Intersection of the GDPR...
The European Data Protection Board (“Board”) released an opinion on January 23, 2019, on the intersection between the EU General Data Protection Regulation (“GDPR”) and the Clinical Trials Regulation...
View ArticleDutch Supervisory Authority Prohibits “Cookie Walls” under GDPR
On March 7, 2019, the Dutch Supervisory Authority for data protection issued guidance prohibiting the use of “cookie walls” on websites. Cookie walls require website users to consent to the placing of...
View ArticleEU Advocate General Issues Opinion on Consent for Cookies and Intersection...
On March 21, 2019, Advocate General Szpunar released his opinion in the Planet49 case, currently pending before the Court of Justice of the European Union (CJEU). The case centers on the use of...
View ArticleFrench Supervisory Authority will issue new guidelines on cookies
On June 28, 2019, the French Supervisory Authority (CNIL) announced that it will issue new guidelines on the use of cookies for direct marketing purposes. It will issue these guidelines in two phases....
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ICO Updates Guidance on Cookies and Similar Technologies
Back in 2013, we published a blog post entitled, “European Regulators and the Eternal Cookie Debate” about what constitutes “consent” for purposes of complying with the EU’s cookie rules. The debate...
View ArticleGerman court decides that GDPR consent can be tied to receiving advertising
On June 27, 2019, the High Court of Frankfurt decided that a consent for data processing tied to a consent for receiving advertising can be considered as freely given under the GDPR. The case concerned...
View ArticleCJEU Issues Decision on Consent for Cookies and Intersection with the GDPR
On September 10, 2019, the Court of Justice of the European Union (“CJEU“) issued its decision in the Planet 49 case. The case centers on the consent requirements for the use of cookies. Planet49 GmbH...
View ArticleThe Spanish Supervisory Authority Issues Guidance on the Use of Cookies
On November 8, 2019, the Spanish Supervisory Authority (“SA”) issued detailed guidance on cookies and similar technologies in collaboration with stakeholders in the ad industry, including Adigital,...
View ArticleBelgian Supervisory Authority Imposes Cookie Fine
On December 17, 2019, the Belgian Supervisory Authority (“SA”) imposed a fine of € 15,000 on an SME operating a legal information website that welcomes approximately 35,000 unique visitors a month....
View ArticleGermany Publishes Draft Regulation on the Reimbursement of Digital Health...
Germany recently enacted a law that enables state health insurance schemes to reimburse costs related to the use of digital health applications (“health apps”), but the law requires the Federal...
View ArticleAdvocate General delivers opinion on GDPR consent
On March 4, 2020, Advocate General Szpunar (“AG”) delivered his opinion in the case C-61/19 Orange România SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal...
View ArticleBelgian Supervisory Authority’s GDPR Track Record So Far
On May 25, 2020, the second anniversary of the GDPR, the Belgian Supervisory Authority (“SA”) released an overview of its first full year of activity (available in French here, and in Dutch here). To...
View ArticleItalian Supervisory Authority Fines Physician for Secondary Use of Patient...
On May 19, 2021, the Italian Supervisory Authority (“Garante”) fined a physician €5,000 for publishing a patient’s medical records without obtaining that patient’s specific consent to do so. As...
View ArticleCalifornia Federal Court Examines Consent, Wiretap Claims, and Privacy Laws...
A recent decision from the Northern District of California on a motion to dismiss examined consent and other key privacy issues. The putative class action claimed that payment processing company...
View ArticleNew Italian Guidelines on the Use of Cookies and Other Tracking Technologies...
On January 9, 2022, the cookie guidelines (“guidelines”) published by the Italian Supervisory Authority (“Garante”) on July 9, 2021 entered into force. This means that all those companies that have...
View ArticleThe New Italian Sunshine Act Introduces Mandatory Individual Disclosure With...
On 31 May 2022, the Italian Parliament approved Law 62/2022, also known as the Sunshine Act, which entered into force on 26 June 2022. The new rules will become fully operational once the Ministry of...
View ArticleThe German Government is Drafting a Regulation on Cookie Consent Management...
According to several news reports in the past month of August (for example, Heise.de), the German Government is working on a regulation that will set out the requirements for so-called “consent...
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