#EU#CJEU#GDPR#DataProtection#BigTech#AdTech#TargetedAds#OnlineTracking: "In a landmark decision on 7 March 2023, the Court of Justice of the European Union (CJEU) issued a groundbreaking judgment against online targeted ads prohibited by the General Data Protection Regulation (GDPR). This ruling has far-reaching implications for major platforms, including giants like Google and TikTok, that rely on the online personalised advertising industry as part of their business model. The Court recognised that invasive tracking and profiling cannot be sanctioned through ‘consent’ pop-ups, responding to a complaint that focused on the mechanisms facilitating the covert profiling and monitoring of the private activities of a majority of individuals across the digital realm. The court’s decision emphasised the need for stricter controls on the online tracking and advertising industry." https://edri.org/our-work/europes-highest-court-delivers-landmark-judgment-against-iab-europe-in-gdpr-consent-spam-pop-ups-case/
If the Court of Justice of the European Union is, as is often argued, the most powerful international court the world has seen, why is serious resistance against it not more commonplace?
This is the question I ask in my PhD thesis, which I successfully defended at the #EUI last Friday. Today it has been made available open access through the university repository!
In case of a victory for the #PublicDomain, how to celebrate?
I just realised that night I'll be in a crowded theatre, so maybe I can cry: "EN 2:1992/A1:2004 Classification of fires"? (Or just distribute a few copies.)
My wife is looking forward to deleting her Instagram account once she can connect with the same folks from her Mastodon account. Being able to remain in touch with over 100M people who still use Meta products out of the comfort of an ad-free, privacy-friendly platform like Mastodon is a game changer.
...at that moment. Huge communities (e. g. #LGBTQIA+) came here not to be harassed by MAGATs et al.
Changing the fine print might not work either, as this constitutes a major change and could be considered an invalid surprise clause in many countries.
Erring on the wrong side of #GDPDR (#DSGVO) might prove costly when decided upon by the #CJEU some years in the future.
I'd say opting for #OptOut as an instance might be a considerable business risk.
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The (CJEU) today issued two landmark judgments in proceedings against the German credit reference agency SCHUFA, which previously enjoyed considerable freedom in Germany. The #CJEU confirmed that national courts have extensive powers to scrutinize data protection authorities, strengthening the rights of data subjects. Furthermore, the court ruled that the assignment of automatically calculated credit scores is not in line with the #GDPR
⚖️Afternoon session of the 53rd EDPS-DPO meeting - Thomas Zerdick, leading the #EDPS Supervision and Enforcement Unit, shares insightful updates on the latest developments in #privacy and #dataprotection case law. Stay informed on key legal trends shaping our digital rights. #CJEU
Government offices across the EU can ban employees from wearing religious symbols in the interest of neutrality, the EU’s top court has ruled, though it stressed that such restrictions must be applied equally to all employees and fit within the legal context of each member state.
The court of justice of the European Union said such bans were permissible in order to enforce an “entirely neutral administrative environment”.
Any #EU#law historians around? Since when can member states not party to a direct action proceeding before the #CJEU submit observations? The oldest example I could find by a crude text search dates from 1986 [1]. That's 32 years after the first direct action was lodged that included a member state [2]. Were member states simply not allowed to submit observations before?
#EU#Biometrics#EmotionRecognition#BorderControl#CJEU: A"RTICLE 19 is disappointed by today’s judgement of the Court of Justice of the European Union (CJEU) in a case concerning public access to documents about a controversial European Union-funded emotion recognition project to be deployed at borders. The EU Research Executive Agency (REA) denied access to numerous documents related to the project, citing the protection of the commercial interest. In Breyer v REA, the General Court, in first instance, ruled that the harm to the commercial interests outweighed the public interest in having such information disclosed as the requested documents related to the early stages of the research project. Today, the CJEU upheld this decision."
Our #podcast, the Newsletter Digest - episode6️⃣, is out now! Tune in to find out about our latest audit, what happens when an organisation breaches the #GDPR, our decision on #CJEU@Curia use of videoconferencing services, and more. Listen here🎧 https://europa.eu/!Rkgckv
Using the recent #GDPR ruling by the #CJEU, Norway's DPA bans behavioural advertising on FB and #Instagram by urgency procedure. EDPB can extend the order.
Is there any useful precedent to sanction the EC for flouting #CJEU rulings? I can only think of T-329/17 (against EFSA) and C-121/21 (against Poland).
Preliminary injunctions to suspend or disapply a Commission Implementing Decision while waiting for a new CJEU preliminary ruling? Fines (paid to whom?)? Awards of legal costs to #NOYB including extrajudicial costs?
#EU#USA#DataTransfers#DataProtection#CJEU: "Third attempt of the European Commission to get a stable agreement on EU-US data transfers will be likely back at the Court of Justice (CJEU) in a matter of months. The allegedly "new" Trans-Atlantic Data Privacy Framework is largely a copy of the failed "Privacy Shield". Despite the European Commission's public relations efforts, there is little change in US law or the approach taken by the EU. The fundamental problem with FISA 702 was not addressed by the US, as the US still takes the view that only US persons are worthy of constitutional rights."
#Meta is having a very bad year. The latest decision (issued by the #CJEU yesterday in Meta Platforms Inc, et al., v. Bundeskartellamt, C-C252/21) adds to their woes, but more importantly, I anticipate it will force us all to re-evaluate #processing, #lawful bases, special category data, and #inferences derived from that data.
In my article, I explore the case in detail, as well as some hypotheses on the impact of this decision broadly to #BigTech, with examples.
But I'm curious to hear your thoughts and observations. Am I being a Cassandra? Overly pessimistic? Completely overthinking this? What implications am I missing?
I'll note here (even though I didn't mention it in the article) that this may also portend the effective death of the One Stop Shop mechanism, which is already on shaky ground after the whole spat between the #DPC and other regulators. Who needs Ireland if competition authorities can also raise issues under the GDPR?
One interesting thing about #Meta choosing to launch #Threads in the EU but not the UK is that, as yet, there is hardly any divergence between EU #GDPR and UK GDPR. Nor does either jurisdiction have an adequacy decision in place for transfers of data to US companies
Yesterday’s #CJEU ruling which specifically dealt with the legal basis for targeted advertising is not binding precedent in the UK, but it is persuasive precedent and the only precedent.