The CJEU Sets Its Standards For Obtaining A Valid GDPR Consent

The CJEU Sets Its Standards For Obtaining A Valid GDPR Consent

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

ICO: £18.4 Million Fine On Marriott For Failing to Detect A Cyber-Attack

ICO:  £18.4 Million Fine On Marriott For Failing to Detect A Cyber-Attack

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.