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EDPB Clarifies the Notion of “Main Establishment” under the GDPR

Inside Privacy

On February 13, 2024, the European Data Protection Board (“EDPB”) adopted an opinion on the notion of “main establishment” of a controller in the context of Article 4(16)(a) of GDPR. Firstly, the EDPB recalls that the GDPR does not permit “forum shopping” with regards to identifying a “main establishment” in the EU.

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CJEU Holds That GDPR Right of Access Overrules Local Laws

Inside Privacy

On October 26, 2023, the European Court of Justice (“CJEU”) decided that the GDPR grants a patient the right to obtain a copy of his or her medical record free of charge ( case C-307/22, FT v DW ).

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EU Advocate General Defines “Identity Theft” And Reaffirms GDPR Compensation Threshold

Inside Privacy

EU advocate general Collins has reiterated that individuals’ right to claim compensation for harm caused by GDPR breaches requires proof of “actual damage suffered” as a result of the breach, and “clear and precise evidence” of such damage – mere hypothetical harms or discomfort are insufficient.

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CJEU’s Advocate General Issues Opinion on GDPR Fines Against Companies

Inside Privacy

On April 27, 2023, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) issued its opinion in the case C-807/21 on the conditions for imposing GDPR fines on legal persons (e.g., million fine the Berlin Supervisory Authority imposed on Deutsche Wohnen SE for infringing the GDPR’s data retention obligations.

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European Commission Proposes GDPR Enforcement Procedure Regulation

Inside Privacy

On July 4, 2023, the European Commission published its proposal for a regulation laying down additional procedural rules relating to the enforcement of the GDPR. If adopted, the Regulation will sit alongside the GDPR, complementing the existing cooperation and consistency mechanisms set forth in Chapter VII.

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Guest post: GDPR turns five – Reflecting on the changing nature of data privacy strategies

Legal IT Insiders

” This Ralph Waldo Emerson quote has been on my mind recently, … Guest post: GDPR turns five – Reflecting on the changing nature of data privacy strategies Read More » The post Guest post: GDPR turns five – Reflecting on the changing nature of data privacy strategies appeared first on Legal IT Insider.

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The first GDPR certification in Luxembourg

Legal IT Group

Since the entry into force of the General Data Protection Regulation (GDPR), many companies processing the data of Europeans have faced the task of achieving the much desired GDPR-compliance.