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Council Conclusions on Digital Empowerment 
4 December 2023
Thomas Wahl Thomas Wahl
On 20 October 2023, the JHA Council adopted conclusions on digital empowerment to protect and enforce fundamental rights in the digital age. They highlight the importance of ensuring that fundamental rights of citizens are preserved and protected in an increasingly digitalised world. Read more
EU Fundamental Rights Data Protection
ECJ: Belgium Must Improve the Law on the Indirect Exercise of Data Subjects’ Rights under LED 
1 December 2023
Thomas Wahl Thomas Wahl in Issue 4/2023
On 16 November 2023, the ECJ delivered a judgment on the interpretation of the right of indirect access to personal data as foreseen in Art. 17 of Directive 2016/680 known as the Law Enforcement (Data Protection) Directive (LED). Read more
EU Data Protection
EDPB/EDPS Joint Opinion on Proposal for a Regulation on the Establishment of the Digital Euro 
1 November 2023
Dr. Anna Pingen Dr. Anna Pingen
The European Commission adopted a legislative package on the digital euro on 28 June 2023. It included a proposal to establish a legal framework for a possible digital euro. More specifically, the proposal establishes the framework for the European Central Bank (ECB) to issue the … Read more
EU Data Protection
EDPB Provides Guidance on "Appropriate Safeguards" Assessment under LED 
30 October 2023
Thomas Wahl Thomas Wahl
On 19 September 2023, the European Data Protection Board (EDPB) adopted guidelines on the application of Art. 37 of Directive 2016/680. The guidelines provide practitioners with clarification which conditions must be met if appropriate data protection safeguards in a third country or international organisation are assessed that would allow a data transfer from the EU for law enforcement purposes. Read more
EU Law Enforcement Cooperation Data Protection
AG Backs Softening of Data Retention Jurisprudence for Internet Infringements 
16 October 2023 (updated 1 year, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
On 28 September 2023, First Advocate General (AG) Szpunar confirms his viewpoint that the retention of and access to civil identity data linked to the IP address used is to be permitted if this data represents the only clue for establishing the identity of persons who have committed copyright infringements exclusively on the internet. Read more
EU Data Protection
ECJ: No Use of Data Retained for Criminal Proceedings in Administrative Proceedings for Corruption 
16 October 2023 (updated 1 year, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
The ECJ ruled on 7 September 2023, in Case C-162/22, that retained data provided to authorities for the purpose of combating serious crime cannot be used in the context of investigations for a disciplinary offense related to corruption. Read more
EU Data Protection
Commission Wishes to Open Negotiations with Switzerland, Iceland and Norway on PNR Agreements 
4 October 2023 (updated 1 year, 4 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
On 6 September 2023, the Commission addressed recommendations to the Council for opening negotiations with Switzerland, Iceland and Norway on concluding agreements on the transfer of Passenger Name Record (PNR) data. Switzerland, Iceland and Norway are non-EU Member States but Contracting Parties to the Schengen … Read more
EU Data Protection
Spotlight Commission Puts Transatlantic Data Transfers on New Basis 
29 September 2023 (updated 1 year, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
On 10 July 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (DPF). The decision concludes that the United States ensures an adequate level of protection - essentially equivalent to that of the European Union. Personal data can now be transferred from the EU to US companies which are certified and comply with the obligations under the DPF. Civil rights defenders already announced that they will challenge the DPF before the CJEU. Read more
EU Commission Data Protection
AG on Identity Cards: Mandatory Collection and Storage of Fingerprints is Valid 
25 September 2023 (updated 2 years, 2 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2023
According to Advocate General Medina, the mandatory collection and storage of fingerprints on identity cards is valid on the basis of an EU Regulation. The case was referred to the ECJ by the Administrative Court of Wiesbaden (Germany). Read more
EU Data Protection
Commission Proposes Procedural Rules for GDPR Enforcement in Cross-Border Cases 
25 September 2023
Dr. Anna Pingen Dr. Anna Pingen
The General Data Protection Regulation (GDPR) enforcement process will become more efficient for data protection authorities (DPAs) through the implementation of new rules proposed by the Commission on 4 July 2023. The proposal lays forth specific procedural guidelines for authorities in situations involving persons who … Read more
EU Legislation Commission Data Protection
AG: Belgian Law Must Provide Right to an Effective Judicial Remedy against Supervisory Authority 
9 August 2023 (updated 2 years, 5 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2023
In her opinion of 15 June 2023, AG Medina scrutinizes Belgian legislation in the field of law enforcement providing only indirect access to data subjects' rights via the supervisory data protection authority. From the perspective of EU law, what is critical is that the individual has no effective judicial remedy against the supervisory authority. Read more
EU Fundamental Rights Data Protection
EP Recommendation on Lessons Learned from Misused Spyware 
31 July 2023
Thomas Wahl Thomas Wahl
In a recommendation of 15 June 2023, the EP sets up EU standards for the use of spyware. The recommendations endorse the conclusions drawn by the Pegasus scandal which was investigated by a respective Committee of Inquiry since May 2022. Read more
EU Fundamental Rights Data Protection
Spotlight Commission’s Draft on US Adequacy Decision Faces Headwind 
6 July 2023 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2023
The Commission's draft for an adequacy decision that would allow the free flow of personal data from the EU to the USA met criticism by the European Data Protection Board and the European Parliament. Further progress is uncertain at the moment. Read more
EU Data Protection
EDPS Opinions on International Agreements between Europol and Latin American Countries 
30 June 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
The European Commission recommended opening negotiations for international agreements on the exchange of personal data to fight serious crime and terrorism between Europol and the competent authorities of five Latin American countries (Ecuador, Brazil, Peru, Bolivia, Mexico). At the beginning of May 2023, the EDPS … Read more
EU Europol European Data Protection Supervisor (EDPS) Police Cooperation Data Protection
EDPB Launches First Coordinated Enforcement Action 
31 March 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 15 February 2023, the European Data Protection Board (EDPB) launched a coordinated enforcement action for the first time. The first coordinated enforcement action focuses on the use of cloud-based services by the public sector. Under the action, 22 supervisory authorities, including the European Data … Read more
EU Data Protection
CJEU: Systematic Collection of Biometric and Genetic Data Contrary to EU Law 
15 February 2023 (updated 2 years, 1 month ago)
Thomas Wahl Thomas Wahl in Issue 1/2023
In its judgment of 26 January 2023, the CJEU ruled that the systematic collection of biometric and genetic data of any accused person in order for them to be entered in a police record is contrary to the requirement of ensuring enhanced protection with regard to the processing of sensitive personal data. Read more
EU Data Protection