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European Union › Personal Data › Consent

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
DLA Piper

EU: Brussels Court of Appeal Rules on IAB Europe and the TC String – Implications for GDPR Compliance

DLA Piper on

On 14 May 2025, the Brussels Court of Appeal (Market Court) delivered the long-awaited judgement in the case concerning the Transparency & Consent Framework (“TCF”) (case no. 2022/AR/292). The Court largely upheld the...more

Hogan Lovells

EU digital advertising: IAB Europe and the allocation of liabilities for the TCF

Hogan Lovells on

On May 14, 2025, the Belgian Market Court delivered a landmark ruling regarding IAB Europe’s role in the Transparency and Consent Framework (TCF). The Court confirms that TC Strings qualify as personal data and that IAB...more

Fox Rothschild LLP

Do App Permissions Satisfy Requirements for Valid Consent for the Purpose of GDPR?

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App permissions do not satisfy the requirements for valid consent for the purpose of GDPR because they lack sufficient detail and granularity, according to the Commission Nationale de l’Informatique et des Libertés (CNIL)....more

K&L Gates LLP

Navigating the Intersection of Data Scraping and Artificial Intelligence–A Global Data Protection Authorities Take

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In alignment with the ongoing concerns from several European data protection authorities publishing guidelines on data scrapping (i.e., the Dutch DPA, the Italian DPA and the UK Information Commissioner’s Office), the Global...more

Pillsbury - Consumer Protection Dispatch

GDPR Enforcement: Lessons from Recent Data Privacy Penalties

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Recent decisions by the French data protection authority (CNIL) have highlighted the importance of GDPR compliance, particularly in the areas of data retention, consent for processing sensitive personal data, and marketing...more

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

International Data Transfers Remain Under EU and UK Regulatory Scrutiny

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

Organisations that make international transfers of personal data have undergone significant challenges and changes over the last few years. With the invalidation of the Privacy Shield agreement in 2020 and the introduction of...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

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In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

BCLP

Auction of Personal Data: Clarification of the Concepts of Personal Data and Data Controller

BCLP on

On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more

International Lawyers Network

Data Privacy Guide - Portugal

International Lawyers Network on

Introduction - Data protection is being driven by rapid technological advances and the increasing digitalization of society. Data protection legislation in Portugal is aligned with European Union law, in particular with...more

International Lawyers Network

Data Privacy Guide - Czech Republic

International Lawyers Network on

Introduction - The General Data Protection Regulation (Regulation (EU) 2016/679) is the EU regulation which is directly applicable in all member states of the EU, including the Czech Republic, as of 25 May 2018. The new...more

TransPerfect Legal

GDPR Compliance: At the Intersection of AI and Life Sciences

TransPerfect Legal on

Late last month, the Association of Corporate Counsel (ACC) hosted a panel on artificial intelligence and how it is rapidly transforming the life sciences sector, allowing companies to leverage large datasets to accelerate...more

BCLP

EDPB Explains EU EPrivacy Cookie Rules Apply to Emerging Online Tracking Tools - New Recipes, Same Flavour?

BCLP on

On 14 November 2023, the European Data Protection Board (EDPB) adopted guidelines on the technical scope of Article 5(3) of the ePrivacy Directive (Directive 2002/58/EC, as amended) (ePD). This reflects the EDPB's intent to...more

Latham & Watkins LLP

CNIL Fines Health Website for Unlawful Data Processing

Latham & Watkins LLP on

The French Data Protection Authority imposed a €280,000 fine for GDPR infringements and a €100,000 fine for violation of French cookie rules. On 11 May 2023 the French Data Protection Authority (the CNIL) handed down its...more

Latham & Watkins LLP

The European Health Data Space - Panacea or Poison Pill?

Latham & Watkins LLP on

On 3 May 2022, the European Commission launched its proposal for a Regulation for the European Health Data Space to “unleash the full potential of health data”. However, questions arise as to whether this proposal is a...more

Fox Rothschild LLP

CJEU Advocate General Issues Opinion on Meta vs. the German Bundeskartellamt

Fox Rothschild LLP on

What does the Court of Justice of the European Union (CJEU) Advocate General’s opinion in the case of Meta vs. the German Bundeskartellamt tell us regarding the scope of what constitutes “sensitive information,” “contractual...more

Womble Bond Dickinson

GDPR Privacy Rules: The Other Shoe Drops

Womble Bond Dickinson on

Four years after GDPR was implemented, we are seeing the pillars of the internet business destroyed. Given two new EU decisions affecting the practical management of data, all companies collecting consumer data in the EU are...more

Orrick, Herrington & Sutcliffe LLP

The Curious Incident of the Transparency and Consent Framework: Does IAB Europe's ad-consent popup system have a future?

Orrick, Herrington & Sutcliffe LLP on

On 2 February 2022 the Belgian Data Protection Authority ("Belgian DPA") ruled that IAB Europe's Transparency and Consent Framework ("TCF") does not comply with the GDPR and fined IAB Europe €250,000. While the sanctions...more

K&L Gates LLP

GDPR, Cookies, and the Ever-Filling Jar of European Data Protection

K&L Gates LLP on

European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022. As the General Data...more

Fox Rothschild LLP

A (Slight) Light at the End of the Schrems II Tunnel: EDPS on the Explicit Consent Derogation

Fox Rothschild LLP on

The European Data Protection Supervisor (EDPS) has issued an opinion on the European Union Agency for Cybersecurity’s (ENISA) use of the explicit consent derogation as a legal basis for cross border transfers to the US...more

Fox Rothschild LLP

Click Here to Consent? It’s Not That Simple to Satisfy GDPR.

Fox Rothschild LLP on

Datatilsynet Denmark has issued serious criticism — and an injunction — to bring dating app Dating.dk’s data processing into compliance before November 16, 2021. The group says the app failed to acquire user consent in a...more

Goodwin

EDPB Clarifies Scientific Research GDPR Compliance, But Harmonisation Across Europe Remains Elusive

Goodwin on

Earlier this year, the European Data Protection Board (“EDPB”) issued additional guidance on the application of the General Data Protection Regulation (“GDPR”) in the area of scientific health research. In key takeaways...more

Morgan Lewis

Pending EU ePrivacy Regulation Could Bring Major Changes to Metadata Processing, Cookie Consents

Morgan Lewis on

The Council of the European Union (Council) released a new draft of the ePrivacy Regulation (Council doc. 5642/21) on January 5, 2021. Various versions of the ePrivacy Regulation have been under consideration in the Council...more

Association of Certified E-Discovery...

An Update on International and Cross-Border Discovery

Association of Certified E-Discovery... on

Parties in the US are allowed broad and liberal discovery of electronically stored information (ESI) relevant and proportional to the claims and defenses in a legal action. When a US-based litigant seeks ESI stored in other...more

K&L Gates LLP

Germany's Highest Antitrust Court Published the Detailed Written Statement of Reasons of its Facebook-Decision -- With...

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On 23 June 2020 the German Federal Court of Justice (Bundesgerichtshof, BGH) orally announced its decision in the interim proceedings initiated by Facebook against the prohibition and cessation orders of the German Federal...more

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

Global Solutions Episode 6: Consent to Collect? Processing Employee COVID-19 Data

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

In addition to the potential uses of contact-tracing apps, discussed recently in episode 1 of the Global Solutions series, most employers now conduct some form of employee screening or monitoring to help prevent the spread of...more

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