Introduction
In its judgement of 04 October 2024 (C-21/23), the European Court of Justice (“ECJ”, “Court”) ruled, that the provisions of Chapter VIII of the GDPR, do not preclude national rules which grant undertakings the right to rely, on the basis of the prohibition of acts of unfair competition
Continue Reading EU: ECJ rules that competitors are entitled to bring an injunction claim based on an infringement of the GDPR.
Introduction
The subject of “legitimate interests” and in particular whether they can be “purely commercial” has been a topic of front and center stage debate in the Netherlands for some time. The Dutch data protection authority (AP) has historically interpreted the concept of legitimate interest narrowly, taking the position that organisations
Continue Reading EU: CJEU Confirms that Legitimate Interests can cover purely commercial interests
The EU Data Act is one of the cornerstones of the EU’s Data Strategy and introduces a new and horizontal set of rules on data access and use to boost the EU’s data economy. Most of the provisions of the Data Act will become applicable as of 12 September 2025. To assist stakeholders in the
Continue Reading EU: Data Act Frequently Asked Questions answered by the EU Commission
The Personal Information Protection Law (“PIPL“) requires a data controller to conduct compliance audits of its personal data processing activities on a regular basis (“Self-supervision Audits“). Apart from such Self-supervision Audits, in case the data regulator finds significant risks involved in a data controller’s processing or where data incidents occur, the
Continue Reading CHINA: Mandatory data protection compliance (self) audits on their way
On August 21, 2024, the second expert committee appointed under the Thai Personal Data Protection Act (PDPA) of 2019, issued an administrative fine to a major private company involved in online sales. The company allowed a significant amount of personal data to leak to call center gangs without implementing adequate security measures as required by
Continue Reading THAILAND: First PDPA Enforcement in Thailand: A Landmark Case
While the definition of sensitive personal information in China has always been different to other jurisdictions, with a focus on risk of harm at its heart, new draft guidance should make it easier for organisations to map their processing of China sensitive personal information, which is increasingly important in light of new cross-border data transfer
Continue Reading China: Important new guidance on defining sensitive personal information
On 1 July 2024, Australia’s spam regulator, the Australian Communications and Media Authority (AMCA), released a Statement of Expectations setting out its requirements for customer consent in the context of direct marketing.
The ACMA has consistently demonstrated a clear intolerance for breaches of the spam requirements, penalising business with over AUD 15 million
Continue Reading Australia’s e-marketing expectations: When customers don’t give a spam
The Federal Trade Commission (FTC) reiterated its long-held view that hashing or pseudonymizing identifiers does not render data anonymous, in a post to its Technology Blog on July 24, 2024.
In the rather strongly worded post, while acknowledging that hashing and pseudonymizing data has the benefit of obscuring the underlying personal data, the FTC
Continue Reading FTC Reiterates that Hashed and Pseudonymized Data is Still Identifiable Data
This is Part 2 in a series of articles on the European Health Data Space (“EHDS“). Part 1, which provides a general overview of the EHDS, is available here.
Alongside the better-known provisions of the EHDS dealing with secondary use of health data, the draft Regulation also sets out specific technical requirements
Continue Reading Requirements of EHR systems under the European Health Data Space
