Enforcement

NETHERLANDS: Highest court side-steps determining whether legitimate interests may be purely commercial

On 27 July 2022, the highest administrative court in the Netherlands, published its highly anticipated judgment involving the Dutch Data Protection Authority’s assessment of “legitimate interest” under Article 6(1)(f) GDPR. It was expected that the court would provide some clarification on whether “purely commercial interests” can qualify as legitimate interests within the meaning of Article …

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EUROPE: ECJ – Dynamic IP addresses may constitute personal data

By Jan Pohle and Jan Spittka In its landmark decision in the case Breyer v. Federal Republic of Germany (decision dated 19 October 2016, case number C-582/14), the European Court of Justice (ECJ) not only ended the long and tricky debate whether dynamic IP addresses constitute personal data even if the data controller processing the …

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UK: GOVERNMENT REPORT RECOMMENDS STRONGER POWERS FOR THE ICO

Background   On 17 June 2016 the House of Commons Select Committee for Culture, Media and Sport (“The Committee”) published its report on the inquiry into the current state of cyber security and protection of personal data. The inquiry was triggered by a cyber attack which compromised the data of TalkTalk customers, on 21 October, …

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