lawfulness - DPO Hub

EDPB Guidelines 2/2024 Article 48

members – 5 min read

Update 4 Jul: EDPB shared high-res diagram! Earlier: I've reviewed the final version – mostly clarifications and my annotations on the public consultation one are still valid | EDPB Guidelines on Article 48 covering official requests from third country public authorities for personal data transfers.

Jul 4, 2025

CJEU C-40/17 Fashion ID 29 Jul 2019

members – 4 min read

You’re a (joint) controller if you use third-party tools on your website that share personal data with the provider – but only for parts where you (jointly) determine purposes and means. If you collect the data, you must inform and get consent, and each controller must pursue a legitimate interest.

Jun 17, 2025

CJEU C-209/23 RRC Sports 15 May 2025 AG Opinion

members – 2 min read

AG Emiliou: FIFA’s new Football Agent Regulations don’t automatically violate Article 6 GDPR, but must meet certain conditions – there must be a legitimate interest, the data must be strictly necessary, and the rules must not place an unreasonable burden on people’s privacy or finances.

May 21, 2025

CJEU C-710/23 Ministerstvo zdravotnictvi (Data concerning the representative of a legal person) 3 Apr 2025

members – 3 min read

GDPR still applies when acting on behalf of a legal person. Plus, major implications for 🇨🇿 Czech – and potentially other – public bodies handling FOI requests: you may need to consult data subjects before disclosure, and even if that's impossible, you must still balance FOI with data protection.

Apr 11, 2025

CJEU C-654/23 Inteligo Media 27 Mar 2025 AG Opinion

members – 2 min read

AG Szpunar: If someone creates an online account that includes access to your email newsletters, sending them qualifies as 'direct marketing’ under the ePrivacy Directive Article 13 and is covered by the exception in point 2. Under Article 95 GDPR, a lawful basis under Article 6 isn’t needed.

Mar 27, 2025

Luxembourg Court upholds major €746m fine to Amazon

members – 2 min read

Just added the ruling. Fine and daily penalty upheld for Articles 6, 12-17, and 21 violations related to interest-based ads, but since an appeal is inevitable, this isn’t final yet. In the meantime, Amazon doesn’t have to pay or take any action.

Mar 20, 2025

Lawfulness: Consent

members – 6 min read

Latest update: Luxembourg DPA with updated guidance. Start here for all things consent: when to rely on and not, practical tips and key resources (GDPR, DPD, CFR, OECD, CJEU rulings and EDPB guidance).

Mar 17, 2025

CJEU C‑829/24 Commission v Hungary 12 Feb 2025 Order

members – 1 min read

The CJEU fast-tracks a case against Hungary where the European Commission claims violations of multiple EU laws, including the GDPR Articles 5, 6, 9 and 10.

Mar 13, 2025

Lawfulness: Legitimate interests

members – 2 min read

v1 of the legitimate interest topic page is ready, with key resources, CJEU rulings and DPA guidance - though only from ICO, CNIL, Datatilsynet and IMY. Have anything to share from your country? Submit your contribution and earn a gold star!

Mar 6, 2025

EDPB Opinion 28/2024: AI models

members – 4 min read

UPDATED 27 Jan. A must-read if the subject matter is relevant. Yes, legitimate interest can apply in the context of AI models—but your documentation needs to be thorough. And don’t forget to involve your DPO.

Jan 27, 2025

🇮🇪 DPC fines LinkedIn €310m for illegal behavioural analysis and targeted advertising ('BA & TA')

members – 7 min read

Key takaways: Lack of lawful basis = loss of control = 'significant damage', lawful bases are notoriously tricky to get right, and most have lots to gain in improving information and transparency. Full decision = a key lesson on legitimate interest and LIAs.

Jan 22, 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