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European Declaration on Digital Rights and Principles Signed 
8 February 2023
Dr. Anna Pingen Dr. Anna Pingen
On 15 December 2022, the European declaration on digital rights and principles was signed by the Presidents of the Commission, the European Parliament and the Council, reflecting the shared political commitment of the EU and its Member States to promote and implement the rights and principles in all areas of digital life. It aims to promote a sustainable, human-centric vision for the digital transformation. Read more
EU Fundamental Rights Data Protection
CJEU Ruled on Scope and Concepts of Law Enforcement Data Protection Directive 
10 January 2023
Thomas Wahl Thomas Wahl
On 8 December 2022, the CJEU delivered one of the first comprehensive judgments on the interpretation of Directive 2016/680 which protects personal data in law enforcement activities (“LED”). It also gave important hints on the delineation between the LED and the General Data Protection Regulation (GDPR – Regulation 2016/679). Read more
EU Data Protection
Spotlight CJEU: No Unrestricted Access to Data of Beneficial Owners 
10 January 2023 (updated 2 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2022
On 22 November 2022, the CJEU, sitting in for the Grand Chamber, declared the current provision of the Anti-Money Laundering Directive invalid by which the general public had nearly unrestricted access to data of beneficial owners. Read more
EU Fundamental Rights Money Laundering Data Protection
TechSonar Report 2022-2023 
9 January 2023 (updated 1 year, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 4/2022
Published on 10 November 2022, the second edition of the TechSonar report delves into five technologies worth monitoring in 2023: central bank digital currency; metaverse; synthetic data; federated learning; and fake news detection systems. The report provides not only a summary of each technology, its positive aspects, and how this technology is used, but also data protection challenges by the technologies. Read more
EU European Data Protection Supervisor (EDPS) Data Protection
Statewatch Report on New Europol Mandate 
30 November 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Under the title "Empowering the police, removing protection", the NGO Statewatch published a report which scrutinizes Europol's new role under the amended Europol Regulation which entered into force end of June 2022. The authors underline their concerns over their finding that the agency has garnered greater power while being subject to less independent supervision and scrutiny. Read more
EU Europol Data Protection
AG: Data Retention for the Prosecution of Copyright Offences Permitted 
17 November 2022 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
In a case concerning French legislation on the access of retained data for the purposes of combating copyright infringements on the internet, AG Szpunar took the view that access to civil identity data linked to IP addresses is compatible with EU law if such data are the only means to identify a suspect. Read more
EU Data Protection
Spotlight CJEU: French Legislation on Data Retention for the Purpose of Combating Market Abuse Offences Unlawful 
16 November 2022
Thomas Wahl Thomas Wahl
On 20 September 2022, the CJEU decided that French legislation providing for the general and indiscriminate retention of traffic data for the purpose of combating market abuse offences is incompatible with EU law. In addition, a national court cannot restrict the temporal effects of a declaration that national legislation providing for such retention is invalid. Read more
EU Data Protection
Spotlight CJEU: German Rules on Data Retention Not in Line with EU Law 
15 November 2022 (updated 2 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
On 20 September 2022, the CJEU (Grand Chamber) ruled that the German legislation on data retention is incompatible with EU law. The judges in Luxembourg reiterated that EU law precludes national legislative measures which provide, on a preventive basis, for the purposes of combating serious crime and preventing serious threats to public security, for the general and indiscriminate retention of traffic and location data. Read more
EU Data Protection
Future Trans-Atlantic Data Privacy Framework Makes Progress 
31 October 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 7 October 2022, US President Joe Biden signed an Executive Order which is another step in the EU-US efforts to establish a new Trans-Atlantic Data Privacy Framework. The Commission will now draft an adequacy decision and launch the EU's process for its adoption. Read more
EU Data Protection
Civil Rights Organisations Criticise Prüm II Proposal 
5 October 2022 (updated 2 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2022
On 7 September 2022, the European Digital Rights (EDRi) network published a position paper on the proposed Regulation on automated data exchange for police cooperation, known as “Prüm II”. The position paper raises several critical issues of the proposal, such as the insufficient alignment to the Law Enforcement Directive. Read more
EU Police Cooperation Data Protection
Spotlight EDPS Action for Annulment against Parts of New Europol Regulation 
30 September 2022 (updated 3 years, 5 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 3/2022
On 16 September 2022, the EDPS requested the CJEU to annul two provisions of the newly amended Europol Regulation, which retroactively legalised Europol’s practice of processing large volumes of individuals’ personal data with no established link to criminal activity. This runs counter to the EDPS' order of January 2022. Read more
EU Europol Data Protection
Commission Presented First Evaluation Report on Data Protection Law Enforcement Directive 
6 September 2022
Thomas Wahl Thomas Wahl
On 25 July 2022, the Commission presented the first report on the evaluation and review of Directive 2016/680. According to the report, the LED has generally been transposed in a satisfactory manner, but a number of issues have been identified. It has significantly contributed to a more harmonised and higher level of protection of individuals’ rights and a more coherent legal framework for competent authorities. Read more
EU Law Enforcement Cooperation Data Protection
EDPS: Robust Data Protection Safeguards Needed in Asset Recovery Proposal 
17 August 2022
Dr. Anna Pingen Dr. Anna Pingen
In an opinion on the Commission's proposal on asset recovery and confiscation from May 2022, the EDPS welcomed the commitments to data protection, but stressed that further efforts are needed to achieve compliance with the EU's data protection legislation. Read more
EU Ukraine conflict European Data Protection Supervisor (EDPS) Data Protection Freezing of Assets / Confiscation
Spotlight CJEU: PNR Directive Valid if Limited to the “Strictly Necessary” 
4 August 2022 (updated 1 year, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
In a landmark ruling of 21 June 2022, the CJEU (Grand Chamber), upheld the EU’s regime to collect and use records of travellers, provided that it is strictly interpreted in line with the EU’s fundamental rights. In addition, indiscriminate processing of the data in cases of flights carried out only within the EU is banned unless there is a threat of terrorism. In general, the passengers’ data must also be deleted after six months at the latest. Read more
EU Fundamental Rights Law Enforcement Cooperation Data Protection
CJEU Clarifies Exceptions to Data Retention in Irish Case 
3 August 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2022
On 5 April 2022, the CJEU added another chapter to the long history of the admissibility of data retention in the EU. In a case concerning the data retention law in Ireland, the CJEU confirmed that general and indiscriminate retention of traffic and location data relating to electronic communication is contrary to Union law even if it intends to combat serious crime. Read more
EU Data Protection
Social Media Platforms Launched 
21 June 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 28 April 2022, the EDPS launched a pilot phase of two social media platforms named EU Voice and EU Video.While EU Voice is offering an official ActivityPub microblogging platform, EU Video is offering an official ActivityPub video platform of the EU institutions, bodies … Read more
European Data Protection Supervisor (EDPS) Data Protection