Earlier this month, the Belgian Data Protection Authority released its 2020 Annual Report, which showed the Belgian DPA’s focus on the supervision of initiatives to fight the COVID-19 pandemic involving data processing, while not losing sight of its other priorities outlined in its Strategic Plan 2020-2025.
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Marketing
Now Playing at the FTC: MoviePass Data Security Case and ROSCA Settlement
This week, the Federal Trade Commission voted 3 to 1 to accept a settlement agreement with MoviePass, Inc., its parent company, and two of the now-defunct company’s former employees, after allegations of data security issues and deceptive trade practices.
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Supreme Court Adopts Narrow Interpretation of ATDS
On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook, Inc. v. Duguid et al., No. 19-511 (Apr. 1, 2021). At issue in Facebook, was the question of what technology constitutes an “automatic telephone dialing system” within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. §227 et seq. The Supreme Court’s unanimous decision is a huge win for companies who communicate with their consumers by telephone/text message. …
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Bavarian DPA Declares Transfers to E-mail Marketing Service Prohibited Due to Lack of Controller’s Assessment and Supplementary Measures
On March 15, 2021, the state Data Protection Authority of Bavaria declared the use of U.S. e-mail marketing service Mailchimp by a fashion magazine in Bavaria impermissible due to lack of compliance with Schrems II mitigation steps for the transfer of e-mail addresses to the U.S.
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ICO Publishes Report on Compliance in Direct Marketing Data Broking Sector
On October 27, 2020, the UK Information Commissioner’s Office published a report following its investigation into data protection compliance in the direct marketing data broking sector, alongside its enforcement action against Experian.
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ICO Issues Enforcement Notice Against Experian
On October 27, 2020, the UK Information Commissioner’s Office published its enforcement notice against credit reference agency Experian Limited under Section 149 of the Data Protection Act 2018.
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EDPB Published Guidelines on the Targeting of Social Media Users
The European Data Protection Board recently published Guidelines on the Targeting of Social Media Users, which aim to provide practical guidance on the role and responsibilities of social media providers and those using targeting services.
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Belgian DPA Fines Company for Unlawful Processing and Non-Compliance with Data Subject Rights
On June 16, 2020, the Litigation Chamber of the Belgian Data Protection Authority imposed a fine on a company for unlawful and incorrect processing of personal data and non-compliance with the EU General Data Protection Regulation’s data subject rights provisions. …
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FCC Proposes Largest Fine in Its History for Telemarketing Violations
On June 9, 2020, the Federal Communications Commission announced a proposed 225 million dollar fine, the largest in the history of the FCC, against several individuals for telemarketing violations. …
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Belgian Data Protection Authority Imposes Fine on Non-Profit Organization for Unlawful Direct Marketing Practices
On May 29, 2020, the Litigation Chamber of the Belgian Data Protection Authority imposed a fine of €1,000 on a non-profit organization.
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