Consent

FRANCE: A new phase in European privacy law enforcement – CNIL fined Google LLC 50 million euros!

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 …

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FRANCE: Facebook could face a 100 million euros class action suit for violating GDPR

On 8 November 2018, French NGO Internet Society France sent Facebook a formal notice listing seven areas where it has allegedly infringed GDPR. The social network has 4 months to respond. Failing that, the Internet Society France could launch the first class action suit for compensation since the entry into application of GDPR. The French …

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FRANCE: Draft data protection law – one step closer to a final version

On 9 February 2018, the French National Assembly adopted at first reading the new draft data protection law implementing the EU General Data Protection Regulation (“GDPR”) and EU Data Protection Directive on Police and Criminal Justice Cooperation into French law. After two days of discussion and 180 amendments reviewed, the French National Assembly has adopted …

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EUROPE: Article 29 Working Party publish draft Guidelines on Consent

On 12 December 2017, the Article 29 Working Party (WP29) published draft Guidelines on Consent under the General Data Protection Regulation (GDPR). The guidelines expand on the WP29’s ‘Opinion on the definition of consent’ (July 2011), addressing the concept of consent in the context of the enhanced regulatory regime under the GDPR. The Guidelines apply …

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The Year of the Mobile App — Senate Advances Geolocation Tracking Bill

By Jennifer Kashatus As 2012 comes to a close, it seems like 2012 has been the year of the mobile app.  In 2012, we have seen numerous bills regarding privacy and data security as well as cybersecurity, but the one that actually is moving alone pertains to mobile apps.  On Thursday, the Senate Judiciary Committee approved …

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Ninth Circuit Approves Provisional Class Action Certification in TCPA Class Action, Defines “Prior Express Consent”

Written by Joshua Briones and Ana Tagvoryan The Ninth Circuit has issued a pro-plaintiff ruling, in Meyer v. Portfolio Recovery Assocs., LLC, which upholds a preliminary injunction against a defendant and defines the meaning of “prior express consent” in the context of a Telephone Consumer Protection Act class action collection case. The TCPA’s restrictions on telephone solicitations:  The TCPA restricts calls using …

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