ECJ: Cookies Require Active Opt-In Consent

By Bastiaan Suurmond, Josephine Jay & Christopher Foo

October 9, 2019

On October 1, 2019, the European Court of Justice (ECJ) delivered its judgment in Planet49 (C-673/17), holding that (1) website operators must obtain active opt-in consent to store or access cookies, (2) users must be informed about the retention period and the third party receiving the data, and (3) consent must be obtained regardless of whether the cookies contain personal data. This ruling will likely prompt regulators to scrutinize cookie policies and consent…

The WSGR Data Advisor

Website Operator Jointly Liable for Data Collection and Transmission Through Facebook “Like” Button

By Cédric Burton, Jan Dhont, Rossana Fol, Christopher Olsen & Bastiaan Suurmond

July 30, 2019

On July 29, 2019, the European Court of Justice (ECJ) issued its decision in FashionID (Case C-40/17), determining that website operators are jointly liable with plugin providers for data collection and transmission through social media buttons and other embedded plugins. Although the ECJ found the operator and plugin provider to be jointly liable, the court placed the burden on the website operator to provide notice and, where necessary, obtain consent for the joint activity. Further,…

The WSGR Data Advisor

Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

By Cédric Burton, Laura De Boel, Sarah Cadiot & Bastiaan Suurmond

February 1, 2018

In yet another round of Schrems versus Facebook, on January 25, 2018, the Court of Justice of the European Union (CJEU) ruled that privacy activist Max Schrems is a consumer with regard to his Facebook profile despite his advocacy activities. Schrems may therefore benefit from the EU consumer forum rule, which allows him to bring a privacy action as an individual against Facebook Ireland (Facebook) in his home country, Austria. However, the court ruled that…

The WSGR Data Advisor

A Look Ahead at Privacy and Data Security in 2018

By Edward Holman, Beth George & Bastiaan Suurmond

January 24, 2018

2018 promises to be an interesting year in the world of privacy and cybersecurity. In this article, we highlight a few of the most notable developments we expect this year, including major developments in Europe, changes and pending cases at the Federal Trade Commission (FTC), notable U.S. Supreme Court cases scheduled to be decided this year, and some areas of legislation that actually may become law in the U.S. Big Changes Taking Effect in the…

The WSGR Data Advisor

EU-U.S. Privacy Shield Passes First Annual Review

By Cédric Burton, Laura De Boel, Sarah Cadiot & Bastiaan Suurmond

October 19, 2017

On October 18, 2017, the European Commission (EU Commission) published its report on the first annual review of the EU-U.S. Privacy Shield Framework (Privacy Shield). The EU Commission confirms that the Privacy Shield ensures an adequate level of protection for EU personal data that is transferred to the U.S., but calls on the U.S. government to implement a number of recommendations. Certified companies can continue to rely on the Privacy Shield to receive EU personal…

The WSGR Data Advisor

New EU e-Privacy Regulation: European Parliament Committee Publishes Draft Report

By Cédric Burton, Sarah Cadiot & Bastiaan Suurmond

June 23, 2017

The EU Parliament Committee in charge of reviewing the EU Commission’s Proposal for an e-Privacy Regulation (Proposal) recently released a Draft Report proposing amendments to the regulation. The e-Privacy Regulation will regulate new electronic communication services such as instant messaging, VOIP services, web-based email, and IoT devices, and will impose significant additional obligations on Internet services and related technologies, including cookies and similar technologies. It supplements the General Data Protection Regulation (GDPR) adopted last year,…

Bastiaan Suurmond

ECJ: Cookies Require Active Opt-In Consent

Website Operator Jointly Liable for Data Collection and Transmission Through Facebook “Like” Button

Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

A Look Ahead at Privacy and Data Security in 2018

EU-U.S. Privacy Shield Passes First Annual Review

New EU e-Privacy Regulation: European Parliament Committee Publishes Draft Report

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