CJEU C-621/22 KNLTB (legitimate interests) 4 Oct 2024
Article 6(1)(f) allows disclosure for a commercial interest if the processing is *strictly* necessary and not outweighed by the interests, rights or freedoms of the data subjects. The interest doesn't have to be determined by law, but it must be lawful. And CJEU nudges consent again.
Oct 29, 2024
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3 min read
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CJEU C-416/23 Österreichische Datenschutzbehörde (Excessive requests) 9 Jan 2025
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Art. 57(4) 'requests' include 'complaints' in 57(1)(f) and 77(1) and aren't 'excessive' due to volume alone; DPAs must show abuse, and can then charge a reasonable fee or refuse to act after considering all circumstances and ensuring their choice is justified.
CJEU C-394/23 Mousse 9 Jan 2025
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Processing customers' titles to personalise communication based on gender isn’t essential for performing a contract; nor is it for a legitimate interest if they weren't informed beforehand, the processing isn't strictly necessary, or the balancing test goes in their favor.
CJEU C-21/23 Lindenapotheke 4 Oct 2024
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NB! Updated re: explicit consent. Competitors can take legal action against your GDPR violations if considered an illegal unfair commercial practice. Special category personal data threshold is lowered: ordering pharmacy-only medicinal products online is considered sharing health data.