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EDPS Annual Report 2024 
29 May 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2025
On 23 April 2025, the European Data Protection Supervisor (EDPS) presented its Annual Report 2024, which reviews activities over the year organised under the headings of supervision and enforcement, policy and consultation, technology and privacy, and artificial intelligence. Read more
EU European Data Protection Supervisor (EDPS) Data Protection
EDPS 2020–2024 Mandate Review 
13 May 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2025
The year 2024 marked the conclusion of the EDPS Strategy 2020–2024, which aimed to shape a safer, fairer, and more sustainable digital Europe (→eucrim 1/2020, 102). To this end, on 6 March 2025, the EDPS published a review of its activities during this … Read more
EU European Data Protection Supervisor (EDPS) Data Protection
Council Concluded EU-Canada PNR Agreement 
23 April 2025
Thomas Wahl Thomas Wahl in Issue 1/2025
On 14 April 2025, the Council of the European Union concluded, on behalf of the Union, the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record (PNR) data. Read more
EU Law Enforcement Cooperation Data Protection
ECJ: Overall Turnover of Entire Company Group Decisive for Fine Calculation if GDPR Was Infringed 
1 April 2025
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2025
According to the ECJ's judgment of 13 February 2025, a fine for a violation of the General Data Protection Regulation (GDPR) may be calculated on the basis of the global turnover of an entire group of companies. Read more
EU Court of Justice of the European Union (CJEU) Data Protection
Frontex Reprimanded for Data Exchange with Europol 
10 February 2025 (updated 1 year, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2024
In early January 2025, the European Datat Protection Supervisor (EDPS) reprimanded Frontex for failing to comply with its Regulation (Regulation (EU) 2019/1896) when transmitting the personal data of suspects of cross-border crimes to Europol. During an audit (carried out in autumn 2022), the … Read more
EU Europol Frontex European Data Protection Supervisor (EDPS) Data Protection
Spotlight New Legal Framework on Collection and Transmission of Advance Passenger Information for Law Enforcement Purposes 
31 January 2025
Thomas Wahl Thomas Wahl in Issue 4/2024
On 8 January 2025, the new legal EU framework on the collection and transfer of advance passenger information (API) for border control and law enforcement purposes was published in the EU's Official Journal. The legislative package consists of two regulations - one for purposes of border control, another one for law enforcement purposes. Read more
EU Area of Freedom, Security and Justice Law Enforcement Cooperation Data Protection
German Federal Constitutional Court: Use of EncroChat Data in Criminal Proceedings Admissible 
21 January 2025 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2024
On 1 November 2024, the German Federal Constitutional Court rejected a constitutional complaint against a criminal conviction for dealing in narcotics in a non-negligible quantity, which was based on the use of EncroChat data as evidence. The Federal Constitutional Court in essence backed the case law of the Federal Court of Justice which sees no exclusionary rule in the use of said data which were gathered by French law enforcement authorities via the use of mass surveillance technology. Read more
EU Fundamental Rights Organised Crime European Investigation Order Law Enforcement Cooperation Data Protection
Spotlight EDPB Opinion on AI Data Processing 
15 January 2025
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2024
On 17 December 2024, the European Data Protection Board (EDPB) published its Opinion on certain data protection aspects related to the processing of personal data in the context of Artificial Intelligence (AI) models. Read more
EU Artificial Intelligence (AI) Data Protection
ECJ: Police Must Perform Necessity Test Before Sensitive Data Are Collected 
20 December 2024
Thomas Wahl Thomas Wahl in Issue 4/2024
On 28 November 2024, the ECJ ruled on the role of the competent authorities in deciding on the "strict necessity" of processing sensitive data in accordance with Art. 10 of Directive 2016/680 - the Law Enforcement Data Protection Directive. The referral concerns Bulgarian law, which … Read more
EU Data Protection
Spotlight ECJ Ruled on Police Access to Mobile Phone Data 
16 December 2024 (updated 8 months, 2 weeks ago)
Thomas Wahl Thomas Wahl in Issue 3/2024
What parameters should govern police access to cell phone data? The ECJ’s Grand Chamber landmark ruling in the Case C-548/21 (“Bezirkshauptmannschaft Landeck”) stressed that access is not necessarily limited to the fight against serious crime; instead, national legislation must have safeguards to uphold the principle of proportionality. Read more
EU Fundamental Rights Data Protection
Spotlight First Periodic Review of the EU–US Data Privacy Framework 
31 October 2024 (updated 1 year, 8 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 3/2024
On 9 October 2024, the European Commission released a detailed report evaluating the first periodic review of the EU–US Data Privacy Framework (DPF). The review aimed to assess the implementation and operational effectiveness of the framework, which governs the protection of personal data transferred from the European Union to organisations in the United States since one year. Read more
EU Data Protection
PNR Agreement with Canada Signed 
30 October 2024 (updated 1 year, 4 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2024
On 4 October 2024, the Commissioner for Migration and Home Affairs, Ylva Johansson, and the Canadian Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, Dominic Leblanc, signed a new agreement for the transfer of passenger name records (PNR) data on flights between … Read more
EU Law Enforcement Cooperation Data Protection
First Report of ETIAS Fundamental Rights Guidance Board Available 
6 September 2024 (updated 1 year, 10 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2024
The Fundamental Rights Guidance Board of the European Travel Information and Authorisation System (in short: the ETIAS Fundamental Rights Guidance Board) is composed of the Fundamental Rights Officer of Frontex, the Consultative Forum on Fundamental Rights of Frontex, the European Data Protection Supervisor (EDPS), the … Read more
EU Schengen Frontex Data Protection
EDPS Celebrates 20th Anniversary 
6 September 2024 (updated 1 year, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2024
The EDPS released 20 initiatives which will be promoted in 2024 - the year of the EDPS' 20 anniversary. Read more
EU European Data Protection Supervisor (EDPS) Data Protection
EUIs Using Generative AI Systems: EDPS Guidelines 
3 September 2024
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2024
On 3 June 2024, the EDPS published guidelines on generative Artificial Intelligence and personal data for EU institutions, bodies, offices and agencies (EUIs). The guidelines will help EUIs comply with the data protection obligations set out in Regulation (EU) 2018/1725 if they use or develop generative AI tools. Read more
EU Artificial Intelligence (AI) European Data Protection Supervisor (EDPS) Data Protection
Overview of the Latest Developments Regarding the Digital Services Act (April-September 2024) 
2 September 2024 (updated 1 year, 4 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2024
This news item continues the reporting on the latest developments concerning the Digital Services Act (the EU's landmark legislation for a safer, more transparent online environment) in the form of a chronological overview. Read more
EU Legislation Digital Space Regulation Data Protection