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EDPS: New Proportionality Guidelines
On 19 December 2019, the European Data Protection Supervisor issued guidelines on assessing the proportionality of measures that limit the fundamental rights to privacy and to the protection of personal data. The guidelines aim at providing policymakers and legislators with practical tools to help assess … Read more
Thomas Wahl
EU
Data Protection
CJEU Rules on Lawfulness of Video Surveillance in Residential Buildings
On 11 December 2019, the CJEU ruled that national provisions which authorise the installation of a video surveillance system on buildings, for the purpose of pursuing the legitimate interest of ensuring the safety and protection of individuals and property, without the consent of the data … Read more
EU
Rule of Law
European Court of Justice (ECJ)
Data Protection
EU-US Privacy Shield – Third Annual Review
Despite efforts made by the United States authorities and the European Commission to implement the EU-US Privacy Shield, e.g., ex officio oversight and enforcement actions, the European Data Protection Board (EDPB) still voiced concerns over adequate data protection that must be addressed by both the … Read more
EU
Data Protection
Council Push on Data Retention to Fight Crime
The Council closely monitors progress made by the Commission in the implementation of Council conclusions on the retention of data for the purpose of fighting crime, which were adopted in June 2019 (see eucrim 2/2019, p. 106). At the JHA Council meeting of 2-3 December … Read more
EU
Data Protection
Council Conclusions on Widening Scope of PNR Collection
The justice and home affairs ministers of the Members States adopted conclusions on widening the scope of PNR data at the JHA Council meeting on 2 December 2019. As reported in eucrim 2/2019, p. 105, the Finnish Presidency took the initiative of launching the debate … Read more
EU
Data Protection
EU Framework on Environmental Crime under Scrutiny
Ten years after the criminal law directives on environmental crime and ship source pollution were agreed upon, the EU is now carrying out a thorough evaluation and assessment of the legal framework. On 15 November 2019, the Council tabled the draft final report on the … Read more
EU
Environmental Crime
Council Conclusions on Significance and Security Risks of 5G Technology
5G networks will become part of the crucial infrastructure for the operation and maintenance of vital societal and economic functions and a wide range of services essential for functioning of the internal market. The EU must maintain technological sovereignty, however, and promote its approach to … Read more
EU
Cybercrime
Council Frames Future EU AML/CFT Policy
The ECOFIN Council adopted conclusions on strategic priorities on anti-money laundering and countering the financing of terrorism at its meeting on 5 December 2019 in Brussels. The conclusions are a direct response to the new – more general – strategic agenda for 2019-2024, in which … Read more
EU
Money Laundering
Spotlight Eurobarometer Survey on Business Attitudes to Corruption
The majority of companies (51%) is sceptical that corruption is being tackled efficiently by law enforcement. This is one of the main results of the Eurobarometer survey on the businesses’ attitude towards corruption in the EU. It was published on 9 December 2019 ( … Read more
EU
Corruption
EP Supports Planned EU Legislation against VAT Fraud in E-Commerce
On 17 December 2019, MEPs backed new EU legislation that aims at curbing VAT evasion in e-commerce. The legislation (one Directive and one Regulation) will require payment service providers to keep records of cross-border payments related to e-commerce and to make these data available … Read more
EU
Protection of Financial Interests
State of Play in Establishing the EPPO
The justice ministers of the Member States were informed about the state of play of the implementation of the EPPO Regulation at the JHA Council meeting on 2-3 December 2019. The Commission regularly briefs the Council on the setting up of the new EU body. … Read more
EU
EPPO
High-Level Conference on Customs Fraud in Helsinki
On 14-15 November 2019, the Finnish Customs and OLAF organised a high-level conference in Helsinki at which participants discussed current trends and appropriate responses to customs fraud. The event (entitled “Strategies to fight customs fraud in a globalised trading landscape”) brought together national customs officials … Read more
EU
OLAF
Protection of Financial Interests
Legal Practitioner Training in 2018
After the European Commission announced in December 2018 that the EU achieved its goals of training legal practitioners on EU law in 2017 already – two years ahead of schedule (see eucrim 1/2019, p. 10) – the Commission confirmed that even more records were … Read more
EU
Legislation
CJEU Rules on Public Security Measure within EU Competence on Approximation of Laws
On 3 December 2019, the CJEU dismissed an action of the Czech Republic that sought the annulment of Directive 2017/853 of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons. The case reference is C-482/17.In view … Read more
EU
Rule of Law
Security Union
European Court of Justice (ECJ)
Salzburg Forum Declaration
On 6-7 November 2019, the Salzburg Forum met in Vienna/Austria. Austria briefed the home affairs ministers of the EU Member States at the JHA Council meeting on 2-3 December 2019 about the outcome of the meeting. The ministers for the interior at the Salzburg Forum … Read more
EU
Security Union
JHA Ministers Conclude Debate on Future of EU Internal Security
The Finnish Council Presidency summed up the outcome of discussions on the EU’s way forward regarding internal security issues. The discussion was launched at the beginning of the Finnish Presidency in July 2019 (see eucrim 2/2019, p. 84). The final Presidency report was discussed … Read more
EU
Security Union
Council