Data retention and national law: the ECJ ruling in Joined Cases C-203/15 and C-698/15 Tele2 and Watson (Grand Chamber)

27 12 2016

tele2The 21 December 2016 judgment in these important cases concerns the acceptability from a human rights perspective of national data retention legislation maintained even after the striking down of the Data Retention Directive in Digital Rights Ireland (Case C-293/12 and 594/12) (“DRI”) for being a disproportionate interference with the rights contained in Articles 7 and 8 EU Charter of Fundamental Rights (EUCFR).  Read the rest of this entry »





We need European regulation of Facebook and Google – Leighton Andrews

23 12 2016

google-and-facebookOver the weekend, Facebook sent me a link to a video they had made of my activity on their site over the last year. To my mind, that was more proof, if any were needed, that Facebook is a media company, despite all its protestations. Read the rest of this entry »





Case Law, CJEU, Tele Sverige/Watson: Who sees you when you’re sleeping? Who knows when you’re awake? – Angela Patrick

21 12 2016

hacking-1685092_960_720In an early holiday delivery, the Court of Justice of the European Union (“CJEU”) today handed down its judgment in the joined cases of Tele Sverige/Watson & Ors (C-203/15/C-698/15), this morning. Read the rest of this entry »





The post-Brexit challenges for European media systems – Damian Tambini

29 11 2016

european-commission-building-flagsSince the Brexit vote, EU media policy has a new sense of urgency. It remains to be seen if member states will be more prepared to deepen media policy convergence in an attempt to protect fundamental values and rights, but last week DG Justice held a joint colloquium with DG CONNECT, discussing current challenges to media pluralism and media freedom. This is an extract from Damian Tambini’s Keynote speech to the colloquium. Read the rest of this entry »





Global Right to be Forgotten: Delisting, why CNIL is wrong – Daphne Keller

22 11 2016

cnil-googleThe French Data Protection Agency, CNIL, is currently before a French court, arguing that Google needs to do more to comply with “Right to Be Forgotten” or “Right to Be Delisted” (RTBD) laws. The EU’s highest court, the CJEU, defined the search engine’s obligations in the 2014 Google Spain v. Costeja case, ruling that Google must comply with requests to remove links from the results it displays when people search for the requester by name. Read the rest of this entry »





Case Law, CJEU: Breyer v Germany, Dynamic IP addresses will (very?) often be personal data and German Law is too restrictive – Sophie Stalla-Bourdillon

30 10 2016

breyer-636x310In the case of C‑582/14 Breyer v Bundesrepublik Deutschland  the Court of Justice of the European Union (CJEU) has delivered another landmark judgment concerning the proper characterisation of IP addresses and the compatibility of German national law with Article 7(f) of the Data Protection Directive (DPD). Read the rest of this entry »





Case Law, CJEU: VKI v Amazon, Which data protection and consumer law applies to Amazon? – Lorna Woods

24 08 2016

amazonThe recent CJEU judgment in VKI v Amazon (C-191/15) concerns jurisdiction both in the context of conflict of laws (applicable consumer laws) and the Data Protection Directive. Essentially, the Court of Justice had to decide which Member State’s data protection law should apply where goods are sold across national borders but within the EU. In this, it forms part of a stream of case law (both decided and pending), dealing with the powers of states (and their institutions) to protect those within their boundaries notwithstanding the digital internal market. Read the rest of this entry »