🔥 25 Nov: Grindr won't appeal after the Borgarting Court of Appeal upheld the record NOK 65m (~€5.5m) fine against them for disclosing users' special category personal data to third parties for behavioural advertising without a valid consent.
[Final 🇧🇪 ruling, articles] GDPR definitions are broad: information = personal data if someone can be identified using third-party data. Joint controllership doesn’t automatically cover further processing, but you are one if you set binding rules and jointly decide purposes and means.
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.
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.
A ruling that sparks questions around 'strictly necessary' and 'purpose'. Facebook can't indiscriminately use personal data on or off their platform for personalised ads, without restricting the duration and type of data.
Latest: Meta reduces sub prices and offers new free choice with less personalised ads, claiming it "goes beyond what is required in the law". 💸 And gets huge fines: €797.72m from the 🇪🇺 EC for antitrust violations and $25.4m from 🇮🇳 India's competition authority for 2021 privacy notice failures.
The 'Bundeskartellamt' ruling, where the CJEU applies 'strictly' to the legal bases necessity test for the first time. 🔥 You might rely on legitimate interest for direct marketing, network security or product improvement, but the processing must now meet this higher threshold.
[Updated 24 April with highlighted file + 🎙️] Is the EDPB trying to "rewrite the entire economic model of Big Tech and the adtech industry in the EU"? 🤔 Controversial Opinion just published!
⏰ Datatilsynet will soon start investigating non-compliant tracking technologies. If you use Meta Pixel or similar, it's time for website due diligence!