EU: European Court confirms journalism exception for citizen-journalists, but not in France?

On 15 February 2019
Belgium; EU GDPR, France, GDPR, journalists

By Patrick Van Eecke, Denise Lebeau-Marianna and Laetitia Mouton

Under European data protection law, journalists enjoy some regulatory exemptions when processing personal data for journalistic purposes, balancing the right to the protection of personal data with the principle of freedom of expression.

A question which has however sparked some debate is whether so-called citizen journalists, such as bloggers, can rely on the derogation for journalistic purposes as well. In its judgment of 14 February 2019 in the Sergejs Buivids v. Datu valsts inspekcija case, the Court of Justice of the European Union (CJEU) has answered this question affirmatively.

On 12 February 2019
clinical trials, Data Protection, EDPB, GDPR, Netherlands

Since the implementation of the GDPR, there has been much discussion with respect to the appropriate legal basis for the processing of personal data in the context of a clinical trial, in particular how this relates to the Clinical Trials Regulation (CTR) which is expected to enter into force in 2020. There was a lack […]

On 7 February 2019

Given the potential financial exposure under GDPR, it is no surprise that a great deal of time is being spent working out how to allocate the risk and liability when negotiating commercial contracts. Here is our take on the underlying law and the recent trends. Obligations – the source of liability Before we look at […]

On 1 February 2019
CNIL, consumer data, Consumer Data Right, consumer personal data, dgccrf, ecommerce, France, GDPR, retail

By Denise Lebeau-Marianna and Caroline Chancé On 31 January 2019, the French Data Protection Supervisory Authority (CNIL) and the French General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF, authority in charge of consumer protection) signed a new protocol of cooperation to improve protection of personal data of consumers. This new protocol replaces a […]

On 29 January 2019
Autoriteit Persoonsgegevens, Data Breach, data breach notification, dutch DPA, Netherlands

NETHERLANDS: Dutch Data Protection Authority received record amount of data breach notifications in 2018. Earlier today, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) issued a press release stating that it received 20,881 notifications of data breaches in 2018. In comparison to 2017, the amount of data breach notifications has (more than) doubled. The largest amount […]

On 24 January 2019
CNIL, consent, Fine, France, GDPR, Google, infringement, legal basis, sanctions, transparency

By Denise Lebeau-Marianna, Caroline Chancé and Alexandre Balducci On 21 January 2019, the restricted committee of the French Data Protection Supervisory Authority (CNIL) fined Google LLC 50 million euros for breaching GDPR for lack of transparency, inadequate information and lack of valid consent regarding personalized advertising. This is the first decision rendered by the CNIL […]

On 24 January 2019
Data flows

On 23 January 2019, the European Commission adopted its decision finding that the level of data protection in the EU and Japan are equivalent. In parallel, Japan adopted its equivalent decision. It is the first time ever that such reciprocal adequacy decisions are adopted. These adequacy decisions create the world’s largest data area of safe […]

On 21 January 2019
appointment, CNIL, president

By Denise Lebeau-Marianna and Caroline Chancé On 18 January 2019, French President Emmanuel Macron announced his intention to appoint Marie-Laure Denis as the next president of the French Data Protection Supervisory Authority (CNIL). If her nomination is confirmed by the Parliament, Marie-Laure Denis will take over the presidency of the CNIL on 1st February 2019, a position […]

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UK: Liability Limits for GDPR in commercial contracts – the law and recent trends

EU-JAPAN: Let the data flow! Free flow of personal data between EU countries and Japan confirmed

FRANCE: Marie-Laure Denis expected to become the new CNIL president