Many websites are asking their customers to consent to their privacy policy in the following way: “By using this website you are consenting to our privacy policy“. Usually without confirming the on a “ok-button“ the user may not be able…
In the face – of Facebook
Landmark decision of German Anti-trust Authority In a landmark decision the Bundeskartellamt (German Antitrust Authority) is prohibiting Facebook from combining user data from different sources – of its subsidiaries like Whatsapp and of other third parties.1 The decision of the…
Microsoft is driving its customers into non-compliance
Microsoft is secretly transferring data of user’s behaviour to the US for its own purpose. With this misuse of data Microsoft is driving its customers into non-compliance since the data transfer to Microsoft is lacking a legal basis. In addition,…
Facebook-hack: stress test for Irish DPA
Facebook has reported a hack of 3 million European users personal data to the Irish DPA.[1] The Irish DPA is under pressure to answer to the key question of GDPR: do national DPAs have the power to force multinationals like…
IT maintenance is ‘data processing on behalf’ according to German DPAs
With the application of the GDPR the question how to qualify IT maintenance in terms of data protection arises. This aspect is of great relevance while any software contains personal data. E.g. Microsoft, Oracle and SAP process personal data of…
Google is tracking location of users without consent
Associated Press (AP) has reported that Google is tracking the location of Android-users without their consent.[1] Adroid provided an option to activate the location setting to its users. Although users did not activate the location setting Google tracked the location…
‘Data processing on behalf’ within a group
Any exchange of data requires a legal basis. This fundamental principle applies not only for the data transfer from one controller to a different external third party. This principle equally applies to data transfer from one legal entity to another…
Ban of Facebook Customs Audience – decision of German DPA upheld
The ban of a German Federal DPA (state of Bavaria) on an online shop for using Facebook Customs Audience has been upheld by the respective Administrative court. In an injunction the Administrative court stated that the decision of the Bavarian…
Fan pages jointly liable with Facebook – landmark of ECJ
The ECJ decided that the administrator of a fan page on Facebook is responsible for the respective data processing.[1] The administrator is ´joint controller’ together with Facebook. That means administrators cannot close its eyes whether Facebook is infringing GDPR. In…