Skip to content

Keyword: e-privacy

  • «
  • 1
  • »

The search returned 2 results.

European Union: CJEU Strikes Down CSAR and Interoperability Regulations in Two Landmark Decisions journal article

Teresa Quintel

European Data Protection Law Review, Volume 9 (2023), Issue 4, Page 418 - 429

This contribution sets out a fictitious scenario in which the Court of Justice of the European Union hands down two important judgments regarding legislative measures in the year 2033. Those legislative measures chosen for the scenario are on the one hand, an imagined Regulation on preventing and combatting child sexual abuse online and, on the other, two Regulations establishing a framework for interoperability between EU information systems. The imaginary judgments, as put in the contribution, should be seen as landmark decisions as the Court scrutinised the existence of a continuous necessity of the laws in question in light of the relevant changes that took place since their adoption. In addition, the Court’s reasoning to declare void the above legislative measures, in both judgments, relied on the same proportionality assessment formula that already served as reference for similar decisions in the recent past. This contribution will briefly highlight the relevant aspects of the laws that were struck down by the Court, summarise the main developments that had an impact on the matters regulated by those laws and reiterate the main arguments found by the Court. The conclusion emphasises the importance of balancing different fundamental rights and interests in order to achieve an equilibrium between privacy and security. Keywords: GDPR, e-Privacy Regulation, Regulation on preventing and combatting child sexual abuse online, interoperability of EU databases

Planet49: Pre-Ticked Checkboxes Are Not Sufficient to Convey User’s Consent to the Storage of Cookies (C-673/17 Planet49) journal article

Agnieszka Jabłonowska, Adrianna Michałowicz

European Data Protection Law Review, Volume 6 (2020), Issue 1, Page 137 - 142

Case C-673/17 Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V. v Planet49 GmbH, Judgment of the Court (Grand Chamber) of 1 October 2019 Consent of a website user, required for the lawful storage of information or access to information already stored, in the form of cookies, in his or her terminal equipment is not validly constituted by way of a pre-ticked checkbox, which the user must deselect to refuse consent. Conditions for the lawful storage and access are not to be interpreted differently according to whether or not the information stored or accessed on a website user’s terminal equipment qualifies as personal data. Information that the service provider must provide to a website user, prior to the storage of information in his or her terminal equipment, includes information on the duration of the operation of cookies and whether or not third parties may have access to it. Articles 2(f) and 5(3) of Directive 2002/58/EC – Articles 2(h) and 10 of Directive 95/46/EC – Articles 4(11) and 13 of Regulation (EU) 2016/679

  • «
  • 1
  • »

News


Current Issue

Issue 4 / 2023