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The CJEU’s Decision in Meta’s Competition Case: Sensitive Data and Privacy Enforcement by Competition Authorities (Part 2)

TOTM Yesterday, I delved into the recent judgment in the Meta case (Case C-252/21) from the Court of Justice of the European Union (CJEU). I gave a preliminary . . .

Yesterday, I delved into the recent judgment in the Meta case (Case C-252/21) from the Court of Justice of the European Union (CJEU). I gave a preliminary analysis of the court’s view on some of the complexities surrounding the processing of personal data for personalized advertising under the GDPR, focusing on three lawful bases for data processing: contractual necessity, legitimate interests, and consent. I emphasized the importance of a nuanced understanding of the CJEU decision and pointed out that the decision does not determine definitively whether Meta can rely on legitimate interests or fall back on user consent for personalized advertising.

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Data Security & Privacy

The CJEU’s Decision in Meta’s Competition Case: Consequences for Personalized Advertising Under the GDPR (Part 1)

TOTM Today’s judgment from the Court of Justice of the European Union (CJEU) in Meta’s case (Case C-252/21) offers new insights into the complexities surrounding personalized . . .

Today’s judgment from the Court of Justice of the European Union (CJEU) in Meta’s case (Case C-252/21) offers new insights into the complexities surrounding personalized advertising under the EU General Data Protection Regulation (GDPR). In the decision, in which the CJEU gave the green light to an attempt by the German competition authority (FCO) to rely on the GDPR, the court also explored the lawful bases for data processing under the GDPR, notably for personalized advertising.

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Data Security & Privacy

Even Meta Deserves the Rule of Law

Popular Media In Robert Bolt’s play “A Man for All Seasons,” the character of Sir Thomas More argues at one point that he would “give the Devil . . .

In Robert Bolt’s play “A Man for All Seasons,” the character of Sir Thomas More argues at one point that he would “give the Devil benefit of law, for my own safety’s sake!” Defending the right to due process for a broadly disliked company is similarly not the most popular position, but nonetheless, even Meta deserves the rule of law.

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Data Security & Privacy

Mikołaj Barczentewicz on Ireland’s Meta Fine

Presentations & Interviews ICLE Senior Scholar Miko?aj Barczentewicz joined the Mobile Dev Memo podcast to discuss the Irish Data Protection Commission’s recent $1.3 billion levied against Meta over . . .

ICLE Senior Scholar Miko?aj Barczentewicz joined the Mobile Dev Memo podcast to discuss the Irish Data Protection Commission’s recent $1.3 billion levied against Meta over its transmission of EU resident data to the United States, and what the case means for the future of U.S.-EU data flows. The full episode is embedded below.

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Data Security & Privacy

Ireland’s Massive Fine Against Meta Could Erode Trust In EU Law

Popular Media The €1.2 billion fine that the Irish Data Protection Commission (DPC) against Meta marks a new record for violation of the EU’s General Data Protection . . .

The €1.2 billion fine that the Irish Data Protection Commission (DPC) against Meta marks a new record for violation of the EU’s General Data Protection Regulation (GDPR), but it is the DPC’s order that the company to shut off its transatlantic flow of user data that will have the most far-reaching consequences for international trade, privacy policy, and the rule of law.

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Data Security & Privacy

GDPR Decision Against Meta Highlights that Privacy Regulators Don’t Understand ‘Necessity’

TOTM The €390 million fine that the Irish Data Protection Commission (DPC) levied last week against Meta marks both the latest skirmish in the ongoing regulatory war on . . .

The €390 million fine that the Irish Data Protection Commission (DPC) levied last week against Meta marks both the latest skirmish in the ongoing regulatory war on the use of data by private firms, as well as a major blow to the ad-driven business model that underlies most online services.

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Data Security & Privacy

European Commission Tentatively Finds US Commitments ‘Adequate’: What It Means for Transatlantic Data Flows

TOTM Under a draft “adequacy” decision unveiled today by the European Commission, data-privacy and security commitments made by the United States in an October executive order signed by . . .

Under a draft “adequacy” decision unveiled today by the European Commission, data-privacy and security commitments made by the United States in an October executive order signed by President Joe Biden were found to comport with the EU’s General Data Protection Regulation (GDPR). If adopted, the decision would provide a legal basis for flows of personal data between the EU and the United States.

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Data Security & Privacy

Biden’s Data Flows Order: Does It Comport with EU Law?

TOTM European Union officials insist that the executive order President Joe Biden signed Oct. 7 to implement a new U.S.-EU data-privacy framework must address European concerns about U.S. . . .

European Union officials insist that the executive order President Joe Biden signed Oct. 7 to implement a new U.S.-EU data-privacy framework must address European concerns about U.S. agencies’ surveillance practices. Awaited since March, when U.S. and EU officials reached an agreement in principle on a new framework, the order is intended to replace an earlier data-privacy framework that was invalidated in 2020 by the Court of Justice of the European Union (CJEU) in its Schrems II judgment.

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Data Security & Privacy

ADPPA Mimics GDPR’s Flaws, and Goes Further Still

TOTM Just three weeks after a draft version of the legislation was unveiled by congressional negotiators, the American Data Privacy and Protection Act (ADPPA) is heading to its . . .

Just three weeks after a draft version of the legislation was unveiled by congressional negotiators, the American Data Privacy and Protection Act (ADPPA) is heading to its first legislative markup, set for tomorrow morning before the U.S. House Energy and Commerce Committee’s Consumer Protection and Commerce Subcommittee.

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Data Security & Privacy