(Data Protection News & Services)
The newspaper “Les Echos” reported in an article published on 12 June 2020 that the General Advocate (in French the “rapporteur public”) of the Conseil d’Etat, the French Supreme Administrative Court, shared a different view from the CNIL’s doctrine by
On May 14, 2020, the Belgian Data Protection Authority imposed a €50,000 fine on an international dating website (“dating platform” or the “company”) for lack of legal basis of the data processing operations carried out to provide an “invite a friend” feature.
In particular, it considered that consent of non-users of the dating platform was necessary before letting the user send them invitation emails.
On May 15, the Danish Data Protection Authority announced that it has reported the recruitment company JobTeam to the Police along with a DKK 50,000 fine proposal for erasing personal data before responding to a data subject’s access request. Following
By decision of April 28, 2020, the Belgian Data Protection Authority has taken a rather restrictive approach concerning the position of the DPO within a company.
Indeed, for serving a €50,000 fine on a Belgium company, the Authority, considered, among other grounds, that its Data Protection Officer could not be, at the same time, the head of the compliance, risk and audit departments. For the Authority, there was a conflict of interest since the DPO could determine the purposes and means of the processing activities carried out by these departments.
Given that risk assessment, compliance and audit are an inherent part of the DPO role, this sanction requires companies to get a closer view on the position of their DPO.
The Court of Justice of the European Union (“CJEU”) announced that it will deliver its judgement in the Schrems II case (case C-311/18) on July 16, 2020.
This judgement will determine whether the Standard Contractual Clauses (“SCCs”) are a valid personal data transfer mechanism under the General Data Protection Regulation (“GDPR”).
This mechanism being widely used by companies to transfer personal data outside of the EU, the decision is eagerly awaited.