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
By a judgment of 16 July 2020 (Case C‑311/18 – Schrems 2), the Court of Justice of the European Union (CJEU) upholds the decision of the European Commission adequacy decision on the Standard Contractual Clauses (SCCs) but declares the Privacy
Following the judgement in Schrems of October 6, 2015, invalidating the Safe Harbor decision, the CJEU is now requested by the same party to rule on the validity of the decision 2010/87 instating the Standard Contractual Clauses (SCCs) and indirectly,
By decision of 24 September 2019 (Google vs CNIL), the European Court of Justice ruled that “where a search engine operator grants a request for de-referencing pursuant to those provisions (art 17 of the GDPR), that operator is not required