News & Analysis as of

Personal Data General Data Protection Regulation (GDPR) Court of Justice of the European Union (CJEU)

Fisher Phillips

Workday Ruling: How Europe’s Top Courts Raised the Bar for Employee Data Protection

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Cloud-based HR systems have become standard for multinational businesses, driving efficiency but also increasing compliance and privacy risks. Indeed, a recent Workday case, which originated in Germany, has clarified the...more

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

A&O Shearman

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

A&O Shearman on

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

Hogan Lovells

Latombe Case: First hearing for annulment of the EU-U.S. Data Privacy Framework

Hogan Lovells on

On April 1st, 2025, the General Court of the European Union held its first hearing on the request initiated by member of French parliament Philippe Latombe for annulment of the EU-U.S. Data Privacy Framework (“DPF”) further...more

A&O Shearman

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

A&O Shearman on

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?

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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

Latham & Watkins LLP on

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

Latham & Watkins LLP

EDPB Issues Guidelines on Processing Personal Data for Legitimate Interests Purposes

Latham & Watkins LLP on

The draft guidelines provide further clarification to the EDPB’s interpretation of legitimate interests, and suggest a potential divergence with the UK ICO....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...

Morgan Lewis on

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

A&O Shearman

EU and UK Data Protection Regulatory Trends so far in 2024: a focus on AI

A&O Shearman on

This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of data...more

DLA Piper

EU: CJEU Insight 

DLA Piper on

October has already been a busy month for the Court of Justice of the European Union (“CJEU”), which has published a number of judgments on the interpretation and application of the GDPR, including five important decisions,...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

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

Hogan Lovells on

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

CJEU issues judgement in two joined cases on right to compensation for non-material damage for identity theft

A&O Shearman on

On June 20, 2024, the Court of Justice of the European Union (‘CJEU’) issued its judgment in two joined cases C-182/22 and C-189/22, Scalable Capital, on the right to compensation for non-material damages under Article 82(1)...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

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

A&O Shearman on

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

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

Orrick, Herrington & Sutcliffe LLP

Landmark Ruling: The Court of Justice of the European Union Rejects Strict Liability in the General Data Protection Regulation

In this Essential Guide, which is part of Orrick’s Cybersecurity & Privacy Compass Series, we will provide insight into the potential fines that companies may face for violating the General Data Protection Regulation...more

White & Case LLP

The UK-US Data Bridge: Practical Considerations for UK Organisations

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The UK-US Data Bridge (the "Data Bridge") has now come into effect, potentially simplifying transfers of personal data from the UK to the US. On 12 October 2023, the Data Bridge took effect. The Data Bridge allows UK...more

Bond Schoeneck & King PLLC

Data Transfers Permitted Across the Pond via New EU-U.S. Data Privacy Framework

On July 10, 2023, the European Commission adopted its adequacy decision on data transfers for the EU-U.S. (European Union/United States) Data Privacy Framework (DPF). The adequacy decision concluded that the United States...more

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