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Challenging the Facebook Group: Collective Action Against Three Companies for Unlawful Processing of Personal Data and Unfair Commercial Practices

Collective action against three companies of the Facebook group under Art. 3:305a BW (old). Processing personal data for advertising purposes without a basis as referred to in the Wbp and AVG. Unfair commercial practice. See also: ECLI:NL:RBAMS:2021:3307 https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:

EDPB launches coordinated enforcement on role of DPOs

Supervisory Authorities

EDPB launches coordinated enforcement on role of DPOs

Data protection officers could be "solicited" by their data protection authority in the "weeks and months to come" as part of the European Data Protection Board’s freshly launched 2023 coordinated enforcement action, Deputy Head of the EDPB Secretariat Gwendal Le Grand told DPOs at the IAPP Data Protection Intensive:

Rightly held that no personal data was found within the files

Zeeland-West Brabant District Court March 03, 2023, IT 4234; ECLI:NL:RBZWB:2023:1459 (Claimant v. Minister of Defense) Administrative Law. The plaintiff filed a request for access to his personal data within the reports of the Land Information Manoevere Centre (LIMC) and similar files. The Minister considered the request

Europe: Applicability of the GDPR in civil proceedings

Europe: Applicability of the GDPR in civil proceedings

By Jan Pohle, Dr. Philipp Adelberg In its judgment of 2 March 2023, the European Court of Justice (ECJ) (C-268/21) issued a preliminary ruling on whether and to what extent provisions of the General Data Protection Regulation (GDPR) are applicable in the context of national civil procedural law of

Czech DPA issues guide for cookie disclosure

Czech DPA issues guide for cookie disclosure

The Czech Republic’s data protection authority, the Úřad pro ochranu osobních údajů, published guidance on cookie disclosures for web operators. The guide states web operators must disclose if their website uses "non-technical cookies" that collect visitor’s personal data. However, the use of technical cookies does not necessitate introducing

Denmark's welfare auditing system under scrutiny by privacy advocates

Denmark's welfare auditing system under scrutiny by privacy advocates

Denmark has built one of the most comprehensive machine learning-powered welfare auditing systems in the world, Wired reports. In a joint investigation with Lighthouse Reports, the publications discovered through public records requests that, to prevent fraud, Denmark’s Public Benefits Administration has access to nine state databases containing citizens’ personal

"Dutch District Court awards billijke vergoeding for employee's privacy breach"

Fair compensation after dissolution by subdistrict court. The court held that the employer had acted seriously culpable by seriously violating the employee's privacy, not being honest with the employee about it, and avoiding all communication with the employee. As a result, the employment relationship was disrupted. Estimate fair compensation, difference

"Court denies removal of BKR registration due to lack of evidence"

Interlocutory appeal. Removal of BKR registration rejected. Five-year term only just started (November 2022). For lack of substantiation, cannot establish that debts were actually paid in full. https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBAMS:2023:773&pk_campaign=rss&pk_medium=rss&pk_keyword=uitspraken

Burges Salmon blog

Navigating the EU AI Act: flowchart

Burges Salmon blog Navigating the EU AI Act: flowchart

The EU AI Act is set to become law but the timing is uncertain due to contentious discussions around the definition of AI systems, which systems should be classified as High-Risk, and regulation for general purpose AI systems. Organizations must navigate the nearly 150-page long act when developing, deploying, procuring,

Burges Salmon blog

Navigating the EU AI Act: flowchart

Burges Salmon blog Navigating the EU AI Act: flowchart

The EU AI Act is set to become law but the timing is uncertain due to contentious discussions around the definition of AI systems, which systems should be classified as High-Risk, and regulation for general purpose AI systems. Organizations must navigate the nearly 150-page long act when developing, deploying, procuring,

Request for access to (enforcement) file

Request for access to (enforcement) file

Rotterdam District Court February 15, 2023, IT 4233; ECLI:NL:RBROT:2023:1605 (plaintiff v. defendant) Administrative Law. In this case, the court assessed whether the defendant was correct in determining that the claimant's objection (to the letter dated January 18, 2022) was inadmissible because the letter was not a

New Standard Contractual Clauses for the data transfers from China

New Standard Contractual Clauses for the data transfers from China

The long-awaited final version of the Standard Contractual Clauses for the Cross-Border Data Transfers from China (the “Chinese SCCs“) was finally published on February 24, 2023, by the Cyberspace Administration of China (“CAC“) through the Measures for Standard Contracts for Transferring Personal Information Overseas (the “Measures“) forcing companies to act

EU Court releases annual statistics 2022

EU Court releases annual statistics 2022

The number of cases pending before the EU Court and EU Court remains stable. The structural increase of recent years in the number of cases thus continues despite the aftermath of the corona pandemic. In particular, the themes of rule of law, environment, privacy and EU measures in the context

106th FD Column: Don't let data watchdogs stretch the GDPR

106th FD Column: Don't let data watchdogs stretch the GDPR

This column appears in an abridged version in Het Financieele Dagblad of Feb. 17, 2023. Follow this link for my earlier FD columns. Regulators conjure up all kinds of new criteria that are not in the detailed privacy law GDPR. According to Axel Arnbak, they should not be allowed to

EU/U.S: EDPB Welcomes Improvements in the EU-U.S. Data Privacy Framework, but Challenges Remain

EU/U.S: EDPB Welcomes Improvements in the EU-U.S. Data Privacy Framework, but Challenges Remain

Authors: Jim Sullivan, John Magee, Rachel De Souza & Christopher Connell The European Data Protection Board (“EDPB” or the “Board”) on 28 February 2023, released its non-binding opinion on the draft adequacy decision underlying the EU-U.S. Data Privacy Framework (“DPF”). The Board welcomed the “substantial improvements” to U.S. law

EU Law Analysis

EU Law Analysis

The European Commission's Draft Artificial Intelligence Act (EU-AIA) aims to regulate AI systems in the region, but has been criticized for failing to take a fundamental rights approach. One controversial aspect is the use of real-time remote biometric identification systems (RT-RBIS) by law enforcement in public spaces. The EU-AIA defines

The DSA has been published – now the difficult bit beginsBefore you start reading:

The DSA has been published – now the difficult bit beginsBefore you start reading:

The Digital Services Act (DSA) has been officially published in the European Union, marking the end of a long drafting and negotiation process. The DSA is a new piece of legislation aimed at addressing illegal and harmful content and activity online, and has been referred to as Europe's new "Digital

Chronicle of privacy law

Chronicle of privacy law

The text is a summary of developments in data protection and the GDPR between January 2021 and October 2022, focusing on the rights of data subjects, such as access and erasure rights, and discussing issues related to the use of the "legitimate interest" basis, data breach notification, cross-border data transfers,

Chronicle of privacy law

Chronicle of privacy law

The text is a summary of developments in data protection and the GDPR between January 2021 and October 2022, focusing on the rights of data subjects, such as access and erasure rights, and discussing issues related to the use of the "legitimate interest" basis, data breach notification, cross-border data transfers,

Chronicle of privacy law

The text is a summary of developments in data protection and the GDPR between January 2021 and October 2022, focusing on the rights of data subjects, such as access and erasure rights, and discussing issues related to the use of the "legitimate interest" basis, data breach notification, cross-border data transfers,

Suspicion Machines

Suspicion Machines

Unprecedented experiment on welfare surveillance algorithm reveals discriminationGovernments all over the world are experimenting with predictive algorithms in ways that are largely invisible to the public. What limited reporting there has been on this topic has largely focused on predictive policing and risk assessments in criminal justice systems. But there

EU – US adequacy decision: Update

EU – US adequacy decision: Update

Authors: Andreas Rüdiger, Philipp Adelberg The debate on transatlantic data transfers, a possible adequacy decision for the US and the EU-US Data Privacy Framework (“DPF“) is gaining new momentum. On 14 February 2023, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs published its draft motion for

Respondent has no right to erasure of personal data

Hague Court of Appeal February 3, 2023, IT 4226; ECLI:NL:GHDHA:2023:306 (Veilig Thuis v. the respondent) In this case, a man requested the deletion of his personal data processed by Veilig Thuis. The court ruled that Veilig Thuis's processing of the man's data was lawful under the

AI Impact Assessment

AI Impact Assessment

Minister Adriaansens (EZK) sends the House of Representatives the answers from the Written Consultation on the Competitiveness Council of March 2, 2023. The questions were raised by members of the Lower House fractions of VVD, D66, CDA, SP and GroenLinks. https://www.rijksoverheid.nl/documenten/videos/2023/03/02/ai-impact-assessment

Data transfer to the USA: EDPB issues its opinion on the European Commission's draft adequacy decision

Supervisory Authorities

Data transfer to the USA: EDPB issues its opinion on the European Commission's draft adequacy decision

In reaction to the invalidation of the Privacy Shield in July 2020 by the Court of Justice of the European Union (CJEU), US President Joe Biden adopted on 7 October 2022 a new legal framework (Executive Order) to strengthen safeguards on the collection and use of personal data by US