One could be forgiven for thinking that knowing how to comply with a legal obligation that has been in place for nearly a decade would be clear cut. However, widespread practice tells us that this is far from the truth. In November 2009, as part of wider reforms to the European telecommunications regulatory framework, the European Union introduced various amendments … Continue Reading
On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting the way that consent is obtained on the internet. The judgment relates to Case C-673/17 (Planet49 – a previous post outlining the background can be found here).
In the Planet49 case, the German Federal Court referred a number of questions … Continue Reading
On 19 July the French Data Protection Authority (the “CNIL”) published new guidelines on cookies and trackers. These replace the existing Recommendation No. 2013-378 of 5 December 2013, are intended to be in line with relevant GDPR provisions and have been produced in anticipation of the future ePrivacy Regulation. The guidelines will be supplemented, at a later stage, with sectoral … Continue Reading
It’s no secret that a hot topic, perhaps the hot topic, in the European data protection world at present is the interplay between the GDPR and the e-Privacy Directive, in particular how it affects online advertising involving cookies. The European Data Protection Board recently released an opinion on this topic (as we discuss here), and on 21 March the … Continue Reading
On 7 March 2019, the Dutch Data Protection Authority published guidance (in Dutch) that it considers “cookie walls” to violate the GDPR. A cookie wall is a pop-up on a website that blocks a user from access to the website until he or she consents to the placing of tracking cookies or similar technologies.
Under current Dutch cookie law, functional … Continue Reading
Judging by the number of calls and the intensity of the discussions about how to comply with the cookie consent requirement in a post-GDPR world, this issue has become a top worry for organisations and data protection officers. Partly due to the visibility of the mechanisms used to collect this consent, and partly due to the potential implications of operating … Continue Reading
“European data protection rules will become a trademark people recognise and trust worldwide”. That is how, in January 2012, Viviane Reding – then Vice-President of the European Commission and EU Justice Commissioner – ended her announcement of the widest reform of privacy and data protection law ever attempted. Six years later, this ambitious aim is becoming a reality. Organisations from … Continue Reading
Following the European Commission and European Parliament’s proposed versions of the EU Regulation on Privacy and Electronic Communications (the ePR), we are now waiting for the Council of the European Union to agree their position before discussions between the three bodies can begin. A discussion paper from the Bulgarian Presidency of the Council dated 11 January 2018 (the Paper… Continue Reading
On 12 April 2016, the European Commission launched a public consultation (the “Consultation“) on the ePrivacy Directive (2002/58/EC; the “epD“). Interested parties who wish to participate have until 5 July 2016 to submit responses to the Commission’s 33 questions.
The Consultation marks the next step in European data protection reform, arriving shortly after policymakers finally completed … Continue Reading
Spain is well known for having one of the most restrictive data protection regimes in the European Union (EU). It also counts with some of the highest penalties (fines are up to € 600,000 per infringement), and a data protection authority – the Spanish Data Protection Agency (AEPD) – with a reputation for being one of the fiercest of the … Continue Reading
On June 30, 2015, the French data protection authority, the CNIL, announced that it gave notice to 20 websites to comply with the consent requirements applicable to cookies.
After patiently waiting for almost a year to give websites the opportunity to comply with the cookie notice and consent rules explained in its official guidance from December 2013, the CNIL launched … Continue Reading