EU Data Protection Directive

On July 29, 2019, the Court of Justice of the European Union released its judgment in case C-40/17, Fashion ID GmbH & Co. KG vs. Verbraucherzentrale NRW eV, ruling that Fashion ID should be considered a joint controller with Facebook regarding the collection and disclosure of personal data to Facebook as a result of embedding the Facebook ‘Like’ button on its website.
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On January 10, 2019, Advocate General Szpunar of the Court of Justice of the European Union issued an Opinion in the case of Google v. CNIL, which is currently pending before the CJEU. In its Opinion, the Advocate General provided his views concerning the territorial scope of the right to be forgotten under the EU Data Protection Directive.
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On October 24, 2017, an opinion issued by the EU’s Advocate General Bot rejected Facebook’s assertion that its EU data processing activities fall solely under the jurisdiction of the Irish Data Protection Commissioner. The opinion relates to the CJEU case C-210/16, under which the German courts sought to clarify whether the DPA in the German state of Schleswig-Holstein could take action against Facebook regarding its use of web tracking technologies on a German education provider’s fan page without first providing notice.
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