By Decision of 11 November 2020 (C-61/19), the Court of Justice of the European Union (CJEU) specified the conditions applicable to obtain a GDPR compliant consent.
Indeed, the Court ruled that the data subjects’ consent to the processing of their personal data was not valid in the following cases:
where the controller (i.e., Orange România) pre-ticked the consent box referring to a clause contained in a contract and stating that the customer has consented to the collection and storage of their personal data (in this case, their identity document); or
where it was not clear as to whether individuals could refuse the processing operations without suffering any consequences on the possibility to conclude the service agreement; or
where the individuals’ freedom of choice could be affected by requiring the individuals to complete an additional form to refuse the processing of personal data
The European Data Protection Board (EDPB), a Board reuniting all the EU data protection authorities, met for its 40th plenary session on October 21. During this meeting, the EDPB : adopted the final version of the Guidelines on Data Protection
By decision of 30 October 2020, the ICO (i.e., the UK data protection authority) issued an £18.4 million fine on Marriott International Inc for failing to comply with its GDPR security obligation.
This decision stems from a cyber attack on Starwood, a company acquired by Marriot in 2016, notified to the ICO in 2018. The ICO investigation traced the cyber-attack back to 2014. It concerned million of customers’ personal information, including among other their reservation details, payment card details, and passport number.
The Information Commissioner’s Office (ICO) imposed a fine of £20m on British Airways (BA) for failing to protect the personal and financial details (payment card details) of more than 400,000 customers.
The ICO investigation revealed that the BA had not implemented adequate security measures and as a result, could not detect a cyber-attack, which took place in 2018 until BA was made aware of the attack by a third party two months later.
The Hamburg Commissioner for Data Protection and Freedom of Information imposed a 35.3 Million Euros Fine on H&M for illicit HR data procssing carried out in its Service Center based in Nuremberg. Indeed, the Authority discovered that the management team