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This is Part 4 in a series of blog posts on recent developments in the EU’s data strategy, which aims to establish EU leadership in our data-driven society by creating a single market for data and encouraging data sharing. The series looks in particular at the recently adopted Data Governance Act (DGA) and the proposed…

This is Part 2 in a series of blog posts on recent developments in the EU’s data strategy, which aims to establish EU leadership in our data-driven society by creating a single market for data and encouraging data sharing. The series looks in particular at the recently adopted Data Governance Act (DGA) and the proposed…

Back in February 2020, the European Commission communicated its European strategy for data, with the aim of establishing EU leadership in our data-driven society by creating a single market for data and encouraging data sharing. To make this strategy concrete, it came up with two legislative proposals: the Data Governance Act (DGA) and the…

On May 3, 2022, the European Commission published a proposed regulation (the “EHDS Proposal”) for the establishment of a European Health Data Space (or “EHDS”). This is the first proposal for establishing domain-specific common European data spaces following the European strategy for data and an important step in building a European “Health Union”.

In short, the…

Consent is only one of the six legal grounds for processing personal data under the GDPR, but it is certainly the most well-known. While it might look safe and solid at first sight, it is becoming the weakest link of the GDPR compliance chain.

First, consent can be withdrawn at any time, and the process…

On October 1, 2019, the Court of Justice of the European Union (CJEU) issued a final ruling in the Planet49 case (case C-673/17 – available here).

Following a request for preliminary ruling from the German Federal Court of Justice, the Bundesgerichtshof, the CJEU interpreted the consent requirement of Directive 2002/58/EC, as amended by Directive 2009/136/EC (hereafter the “e-Privacy Directive”) in light of former Directive 95/46/EU (hereafter the “Data Protection Directive”) as well as in light of its successor – the General Data Protection Regulation (GDPR).

The Court made it clear that the placing and reading of tracking cookies on a user’s terminal equipment requires an active and unambiguous consent of the user. A pre-ticked checkbox does not meet these requirements and therefore does not constitute a valid consent. Also, the Court underlined that consent must be specific. In the case at hand, the act of selecting a button to participate in a promotional online lottery cannot be construed as consent of the user to the storage of cookies.

Moreover, the Court clarified that these requirements regarding the consent of the user for usage of cookies are applicable regardless of whether the information stored or consulted on the user’s device constitutes “personal data.”

Finally, the Court held that cookie consent must be “informed” as per the GDPR, which means that service providers must also provide information on the duration of the operation of cookies, as well as in relation to any third party access to those cookies.

The factsContinue Reading Court of Justice of the European Union Finds that Pre-Ticked Checkboxes Are Not Valid Consents under GDPR

The European Commission has recently released a new website providing guidance on the General Data Protection Regulation (“GDPR”) implementation requirements.  The website provides a plethora of resources both to industry looking to become compliant with GDPR standards as well as to citizens looking to understand their data protection rights.  Highlights of the website include a …