CJEU Advocate General opines on the definition of a data controller, applicable national law, and jurisdiction under data protection law – Henry Pearce

12 11 2017

Last month, Advocate General (AG) Bot of the Court of Justice of the EU (CJEU) delivered an opinion which, although non-binding in nature, could potentially have far-reaching consequences for the development of data protection law in the EU. Read the rest of this entry »





News: Data Protection Bill published, the “journalistic exemption” remains

15 09 2017

The Government yesterday published the Data Protection Bill [pdf] which is intended to replace the Data Protection Act 1998 and to deal with various matters reserved to EU Member states by the General Data Protection Regulation [pdf] (“GDPR”). The GDPR itself will form part of English law under the provisions of the European Union (Withdrawal) Bill [pdf]. Read the rest of this entry »





The Great Data Protection Rebranding Exercise – Orla Lynskey

11 08 2017

During the recent announcement of a new Data Protection Bill by the UK Department for Digital, Culture, Media & Sport (DCMS),  the Minister for Digital – Matt Hancock – stated that the bill would “give us one of the most robust, yet dynamic, sets of data laws in the world.” Read the rest of this entry »





What is the current status of GDPR incorporation in the EU’s 28 Member States? – Eoin O’Dell [Updated]

8 08 2017

Having looked, in my previous post, at what Article 82(1) of the General Data Protection Regulation says and means in each of the EU’s 24 official languages, I’m interested in this post in the related question of the current status of incorporation of the GDPR in each of the EU’s 28 Member States. Read the rest of this entry »





Time to speak up for Article 15 of the ECommerce Directive – Graham Smith

23 05 2017

Article 15 of the ECommerce Directive lays down the basic principle that EU Member States cannot impose a general obligation on internet intermediaries to monitor what people say online. We in the UK may have to start worrying for Article 15. Read the rest of this entry »





The CJEU and the concept of ‘legitimate interest’: The case of Rīgas satiksme – Sophia Stalla-Bourdillon

19 05 2017

On 4 May 2017 the Court of Justice of the European Union (“CJEU”) delivered its judgment in the case Valsts policijas Rīgas reģiona pārvaldes Kārtības policijas pārvalde v Rīgas pašvaldības SIA ‘Rīgas satiksme’, answering two related questions: Read the rest of this entry »





Damages and compensation for invasion of privacy and data protection infringements – Eoin O’Dell [updated]

16 05 2017

The saga in Bollea v Gawker shows two remedies for invasion of privacy. Hulk Hogan (real name, Terry Gene Bollea; pictured left), is a former professional wrestler and American television personality. Gawker was a celebrity news and gossip blog based in New York. In October 2012, Gawker posted portions of a secretly-recorded video of Hogan having sex in 2006 with one Heather Cole, who (as Heather Clem) was the then-wife of his then-best-friend (the wonderfully-monikered radio personality Bubba “the Love Sponge” Clem). Read the rest of this entry »