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Court of Justice of the European Union (CJEU) Data Protection

A&O Shearman

CJEU publishes an updated Fact Sheet summarising key case law on protection of personal data

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On April 28 2025, the Court of Justice of the European Union (CJEU) published an updated version of the fact sheet (the Fact Sheet) summarising key case law on protection of personal data. The Fact Sheet covers the case law...more

A&O Shearman

CJEU issues judgment on balancing the right of access and protecting trade secrets in automated decision-making processes

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On February 27 2025, the Court of Justice of the European Union (CJEU) delivered a judgment in CK v Dun & Bradstreet (Case C-203/22). This judgment clarifies the GDPR provisions regarding the right of access to personal...more

Latham & Watkins LLP

Personal Data: A Relative Concept?

Latham & Watkins LLP on

Advocate General Spielmann opines that personal data can be pseudonymous in the hands of one party and anonymous in the hands of another....more

Latham & Watkins LLP

GDPR Fines to Be Determined by Reference to Global Turnover of Corporate Group

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The CJEU has decided that the maximum thresholds for GDPR fines should be calculated using the global turnover of the broader corporate group, not solely the infringing entity....more

A&O Shearman

Luxembourg adapts its RCS and RBE legislations after CJEU ruling

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The Luxembourg Parliament recently enacted a law reforming the Trade and Companies Register (RCS) and the Register of Beneficial Owners (RBE) laws. This reform is a direct response to the decision of the Court of Justice of...more

K&L Gates LLP

CJEU Upholds EDPB's Authority to Order Broader Investigations in Cross-Border Cases

K&L Gates LLP on

In a landmark judgment delivered on 29 January 2025, the General Court of the European Union has affirmed the European Data Protection Board‘s (EDPB) authority to require national supervisory authorities to broaden their...more

Orrick, Herrington & Sutcliffe LLP

Analysis of the CJEU Judgment Which Paves the Way for Competitor Civil Actions Regarding GDPR Violations

Entscheidung. Man darf sich fragen, warum Kündigungsbeschränkungen gerade im HV-Recht eine vergleichsweise hohe Bedeutung haben, obwohl eigentlich für andere Verträge nichts Abweichendes gelten dürfte. Auch das...more

Morgan Lewis

EU High Court Allows GDPR Claims in Business Litigation, Expands Scope of ‘Health Data’ Impacting Life Sciences and Consumer...

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The Court of Justice of the European Union (CJEU), the EU’s highest court, recently announced its significant Lindenapotheke decision, permitting companies to use the General Data Protection Regulation in business-to-business...more

White & Case LLP

CJEU: Competitors Can Sue over Data Protection Violations

White & Case LLP on

The German Federal Court of Justice (Bundesgerichtshof), tasked with resolving a conflict between two competing pharmacists, sought guidance from the Court of Justice of the European Union ("CJEU") on interpreting the General...more

A&O Shearman

CJEU Commercial interests of controller can serve as a legitimate interest

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The CJEU considered: (a) whether a legitimate interest of the controller or third party must be determined by law, and (b) whether provision of personal data of the members of a sports federation to third parties in return...more

Hogan Lovells

CJEU clears the air, Dutch DPA’s interpretation of legitimate interests is too strict

Hogan Lovells on

On 4 October 2024, the Court of Justice of the European Union (CJEU) published its long-awaited judgement in case C-621/22 (KNLTB), which clarifies that purely commercial interests may not be categorically excluded from...more

Hogan Lovells

Dutch DPA’s fine decision suspended by Dutch court amidst “(commercial) legitimate interest-controversy”

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Once again, a Dutch district court has recalled a decision of the Dutch Data Protection Authority (Dutch DPA) for its too strict interpretation that purely commercial interests cannot be legitimate interests under Article...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

A&O Shearman

High Court clarifies scope of data subject’s right to know specific recipients of their personal data

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On 7 June 2024, in the case of Harrison v Cameron & Another, the High Court ruled that, in the context of a data subject access request under Article 15 UK GDPR, data subjects are entitled in principle to know the specific...more

Hogan Lovells

Data Privacy Framework: Redress mechanisms for EU individuals get a boost with new EDPB resources

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On 24 April 2024, the European Data Protection Board ("EDPB") released a set of guidance documents and template complaint forms to facilitate the implementation of the redress mechanisms corresponding to the EU-U.S. Data...more

Orrick, Herrington & Sutcliffe LLP

CJEU Issues Landmark Adtech Decision on Personal Data and Joint Control with Broad Implications: What You Need to Know and Do

The Court of Justice of the European Union (CJEU) has made a landmark decision (7 March 2024, C-604/22) on the intricacies of adtech, personal data, and joint control against the background of the General Data Protection...more

Morgan Lewis - Tech & Sourcing

European Court Ruling Impacts Digital Advertising Practices

The European Court of Justice (CJEU) recently issued a significant final decision affecting the online advertising industry, particularly concerning the Transparency and Consent Framework (TCF) developed by the Interactive...more

A&O Shearman

CJEU publishes AG opinion on sale of a database of personal data

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The Court of Justice of the European Union (CJEU) published the Advocate General's Opinion on whether the GDPR would restrict the sale of a database by court enforcement officers to satisfy creditor claims without the consent...more

Morgan Lewis

EU’s Highest Court Expands EU GDPR Restrictions on Automated Decision-Making, Profiling, and AI

Morgan Lewis on

A recent decision by the Court of Justice of the European Union will extend the EU General Data Protection Regulation’s automated decision-making restrictions to many present and future use cases of such technologies. While...more

Hogan Lovells

AI in German Employment – Navigating the AI Act, GDPR, and National Legislation

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Employers around the world are increasingly using artificial intelligence (AI) to optimize many facets of their business operations, ranging from screening job applications and assigning tasks in real time to evaluating...more

Clark Hill PLC

Right To Know - February 2024, Vol. 14

Clark Hill PLC on

Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

A&O Shearman

Automated decision making is under scrutiny in the EU and how is it addressed in other jurisdictions

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Alongside the recent CJEU judgment on automated decision making in Schufa (see the Allen & Overy blog ) there are a range of developments related to ADM in other jurisdictions. UK developments - The UK Parliament is...more

Hogan Lovells

Transfer Impact Assessments: the CNIL is seeking public input on TIA guide

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On January 8, 2024, the CNIL launched a public consultation on a draft guide (Draft Guide) covering Transfer Impact Assessments (TIA). Under GDPR, as interpreted by the Court of Justice of the European Union (CJEU) and...more

A&O Shearman

CJEU considers approach to retention of personal data from public debt registers

A&O Shearman on

In joined Cases C‑26/22 and C‑64/22, related to the German Credit Reference Agency Schufa (see A&O blog on the automated decision making case), the CJEU considered the retention of personal data regarding individuals who had...more

Alston & Bird

EU’s Highest Court Issues Major AI Decision With Wide-Reaching Impact

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On 7 December 2023, the Court of Justice of the European Union (CJEU) issued an important decision on how the GDPR governs AI-assisted decisions. The case arose in the financial services context, with the court holding that...more

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