CJEU - DPO Hub (Page 2)

CJEU GC T-70/23 Data Protection Commission v European Data Protection Board 29 Jan 2025

members – 2 min read

The General Court dismissed DPC's actions against the EDPB and ordered them to pay the costs, meaning they must conduct new investigations and issue new Art. 60(3) draft decisions for the three 2022 Art. 65 Binding Decisions in cases against Meta (Facebook, Instagram, WhatsApp).

Jan 31, 2025

CJEU C-416/23 Österreichische Datenschutzbehörde (Excessive requests) 9 Jan 2025

members – 4 min read

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.

Jan 14, 2025

CJEU C-394/23 Mousse 9 Jan 2025

members – 5 min read

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.

Jan 13, 2025

CJEU C-21/23 Lindenapotheke 4 Oct 2024

members – 5 min read

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.

Jan 12, 2025

CJEU LED C-80/23 Ministerstvo na vatreshnite raboti (Registration of biometric and genetic data II) 28 Nov 2024

members – 3 min read

Law Enforcement Directive: Competent authorities must prove that systematically collecting biometric and genetic data of accused persons is strictly necessary under LED Article 10; they can't leave it up to a court.💡 But the truly interesting part lies in 'strictly necessary'.

Dec 29, 2024

CJEU C-61/22 Landeshauptstadt Wiesbaden 21 Mar 2024

members – 1 min read

A ruling on Regulation 2019/1157 on ID card security, where the CJEU clarified that its adoption couldn’t violate Article 35 of the GDPR, as it wasn’t subject to a DPIA requirement. (They also concluded that the regulation was invalid!)

Dec 29, 2024

CJEU C-33/22 Österreichische Datenschutzbehörde 16 Jan 2024

members – 2 min read

A ruling on the GDPR's material scope clarifying that DPAs can oversee parliamentary committees' personal data processing, as they're not automatically excluded or classified as national security matters under the GDPR.

Dec 29, 2024

CJEU C-687/21 MediaMarktSaturn 25 Jan 2024

members – 3 min read

Accidental disclosure ≠ poor measures. Compensation is purely compensatory, not punitive, and requires proof of harm caused by a violation—though the severity of it doesn't affect the amount. Fear alone isn’t enough if no misuse occurred.

Dec 29, 2024

CJEU C-507/23 Pateretaju tiesibu aizsardzibas centrs (PTAC) 4 Oct 2024

members – 2 min read

A GDPR breach isn't automatically "damage" under Article 82(1). An apology may compensate for non-material damage if it fully remedies the harm and it's impossible to restore the original situation, but whether you're sorry or not doesn't matter (but maybe it can prevent matters from escalating).

Dec 28, 2024

CJEU C-768/21 Land Hessen (DPA obligation to act) 26 Sep 2024

members – 3 min read

⏰ Quickly deal with data breaches and listen to the DPA to reduce the chance of a fine (and keep access logs >3 months). DPAs aren't required to exercise a corrective power, like impose a fine, if not appropriate, necessary or proportionate to remedy the violation and ensure full GDPR compliance.

Dec 28, 2024

CJEU C-200/23 Agentsia po vpisvaniyata 4 Oct 2024

members – 6 min read

Tag, you're it! Got personal data --> you're a controller and can't shift accountability to the data subject. Temporary loss of control (e.g. public disclosure) can lead to damage, but harm must be proven. Handwritten signatures = personal data.

Dec 28, 2024

CJEU C-65/23 K GmbH (Processing of employees’ personal data) 19 Dec 2024

members – 2 min read

While Article 88 allows for more specific national rules for processing personal data in the employment context, you still have to comply with Articles 5, 6 and 9 and can't lower the standard for or ignore the 'necessity' requirement.

Dec 22, 2024