by Gerald Trieb and Antonia Kühberger// In a long-standing civil case between Max Schrems and Facebook Ireland Inc., the Austrian Supreme Court (“Oberster Gerichtshof”, OGH) decided to refer a number of questions to the Court of Justice of the European…
Chinese Personal Information Protection Law – A brief overview
//by Takaya Terakawa// China has been actively updating its data protection legislations since 2017. Due to the limited English information, many privacy professionals outside of China are in trouble with understanding the overview of data protection related legislations in China.…
Goodbye cookies? – How online tracking will change
//by Kristin Benedikt// For years, the EU has been struggling to find a new legal framework for the Internet. It is not just a question of the confidentiality of electronic communication or data security. The key issue is still the…
The Artificial Intelligence Act (AIA) – a brief overview
//by Behrang Raji// The European Commission published its draft on the regulation of AI on 21.04.2021. It is an extensive work with 89 recitals, 85 articles and further annexes. Throughout, it becomes clear that the draft attempts a very difficult…
Dark Patterns – did they just trick you with a “don’t not opt out”
//Aprajita Tyagi// We have all heard about the TurboTax fiasco1 where the company hid the U.S. government-mandated free tax-file program for low-income users. They hid this option on their website to get these users to use their paid program. But…
Virginia Follows California with a Comprehensive State Privacy Law
By Michael Shapiro// On March 2, 2021, Virginia became the second U.S. state, after California, to enact a comprehensive consumer privacy legislation. Inspired by the GDPR and the California Consumer Privacy Act, the Virginia Consumer Data Protection Act (VCDPA)1 introduces…
EDPB: No “Swapping“ of legal basis
The EDPB requires controller to specify the legal basis for the respective data processing. Whereas, the wording of Art. 6 GDPR leaves the option to refer to one or to several legal basis, the EDPB is more restrictive. According to…
Canada Introduces a Long-Anticipated New Privacy Law for the Private Sector
By Michael Shapiro// On November 17, 2020, Canada’s Minister of Innovation, Science and Industry introduced a proposed Digital Charter Implementation Act, 20201 through which the Canadian government intends to establish a new privacy law for the private sector, the Consumer Privacy Protection…
Right of Access: Austrian Court requires to inform which specific data being transferred to any individual recipient
by Andreas Rohner, Gerald Trieb// The Austrian Federal Administrative Court (“AFAC”)1 held2 a data subject has the right to be fully informed which specific personal data has been disclosed or will be disclosed to a recipient by the data controller.3…
GDPR: 90% reduction of fines by German Court
//by Jonas Puchelt and Sandra Brechtel The Regional Court Bonn reduced fines of EUR 9.55 million imposed by the German SA on the telecommunications company 1&1 to “only” EUR 900,000.00. Is the reduction of the fines by more than 90%…