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On May 8, 2019, the Brussels Court of Appeal referred the Belgian Data Protection Authority’s (DPA) case against Facebook to the European Court of Justice (CJEU) to address jurisdictional issues regarding which DPA is competent to bring enforcement actions against Facebook. The case deals with Facebook’s collection of individuals’ data through cookies stored in Facebook’s social plugins. The Belgian DPA alleges that Facebook’s data collection is unlawful as it lacks valid consent and does not…
On April 25, 2019, the new chairman and the four directors of the new Belgian data protection authority were sworn in before the Belgian Parliament. This marks a new era for data protection law in Belgium. Background Following the effective date of the General Data Protection Regulation (GDPR) on May 25, 2018, the Belgian Privacy Commission was restructured into a Supervisory Authority under the GDPR, thus becoming the Belgian Data Protection Authority. It was given…
On April 15, 2019, the French Data Protection Authority (CNIL) published its 2018 activity report and announced its 2019 enforcement agenda. The CNIL’s message is clear: if some leniency was tolerated in 2018, this transitional period for GDPR enforcement is now over. Going forward, the CNIL will adopt a stricter approach when investigating companies’ GDPR compliance and make full use of its enforcement powers, including the power to fine. Background As of May 25, 2018, the…
On January 23, 2019, the European Data Protection Board (EDPB) issued an opinion (Opinion) on the interplay between the Clinical Trial Regulation (CTR) and the General Data Protection Regulation (GDPR), an issue which has been the subject of intense debate and that resulted in a draft, and still non-public, FAQ prepared by the EU Commission. The Opinion comments on the draft FAQ and provides some insight on data protection regulators’ view on how…