(Data Protection News & Services)
The General Data Protection Regulation (GDPR) gives data subjects rights over their own personal data, including the right of access to personal data processed by a controller (Article 15). In practice, the data subject can ask an organisation to access
On 15 February 2022, the CNIL released its control programme for the year 2022. This year the priority themes are as follows:
Direct marketing ;
Employee’s monitoring in the context of remote working;
Cloud computing.
On 10 February 2022, the CNIL issued a formal notice to a website operator using Google Analytics cookies to comply with the GDPR and more specifically with the CJEU Schrems 2 ruling on the transfer of data to the US.
The CNIL considers that as long as the US authorities can access users’ data, the use of Google Analytics is not legal. The Authority has therefore asked the website operator to comply with the GDPR and if necessary, to stop using Google Analytics cookies.
Following the hundreds of million fines imposed Amazon, Google and Facebook by the CNIL and other authorities relating to their use of cookies, this article aims to review the CNIL’s practical recommendations in this area so that to help organisations to understand the requirements in France and to some degree, to the rest of the European Union.
The CNIL reminds in its recommandations that it constitutes only examples which are neither prescriptive nor exhaustive and that although they are focused on the web and mobile environment, they can also be applied to other environments (connected TV etc.).
Under the General Data Protection Regulation (GDPR), personal data transfer outside of the EEA (i.e. EU and Norway, Lichtenstein and Iceland) or to international organisations are allowed only if one of the following conditions is met:
the third country is recognised as providing an adequate level of protection via an adequacy decision adopted by the European Commission;
adequate safeguards are implemented (e.g. EU Standard Contractual Clauses, BCR, approved certification or code of conduct.);
a derogation provided for in article 49 is applicable (e.g. express consent, vital interest etc.).