I see a bit more interesting interaction between data protection rules and the #DigitalMarketsAct. Two points: (1) the obligation for gatekeepers to refrain from combining personal data from any other services offered by the gatekeeper or w PD from 3rd-party services, unless 1/
"unless the end user has been presented with the specific choice and provided consent in the sense of the GDPR" (Art. 5(a) of the proposal). And 2) the obligation for gatekeepers to submit to COM an annual independent audit w a description of the user profiling techniques 2/ #DMA
There are also data sharing obligations with third parties, including personal data, which are quite interesting. In fact, one of them speaks of "continuous and real time access" offered to business users (Art. 6(1)(i)) #DSA 3/
It's interesting also that the Commission may "request access to data bases and algorithms of undertakings and request explanations on those by a simple request or by a decision." 4/I'll keep the thread open in case something else pops up #DSA
I count this as news, based on recent developments: there will be no additional Board! Enforcement sits exclusively with the Commission, which has broad investigatory powers, and fines are ... well... huge: up to 10% of total turnover in the preceding financial year. #DMA/open🧵
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And the text fo the long awaited #DigitalServicesAct Proposal is here! One day early, thanks to @SamuelStolton and his sources. One key thing to note is that the DSA is clearly without prejudice to both the GDPR and the ePrivacy Directive... euractiv.com/wp-content/upl… 1/n #DSA
which technically means that it applies on top of them and in case of conflict, the provisions in the #GDPR and the ePrivacy Directive prevail. There are 2 areas of interaction that immediately pop-up. First, the rules on recommender systems and online advertising 2/n #DSA
Both of these certainly rely on processing of personal data. But it seems there is broad convergence between the existing #EUDataP regime and the proposed #DSA, especially in relation to transparency and rights to explanation 3/n #DSA
Momentous development in EU law for the digital market: the EU Commission is expected to publish today the #DataGovernanceAct proposal for a Regulation. From a new European Board, to fiduciary duties, to data intermediaries, data cooperatives (!) and data altruism… 1/
There are plenty of things to look out for! Here is my top list of hot topics, based on the leaked version that circulated among Brussels tech media a couple of weeks back. First: lots of “data sovereignty” undertones to key rules, sometimes sliding into data localization … 2/n
Exhibit A: The title regulating the re-use of data held by public sector bodies allows such re-use by different actors “within the Union”, with an additional specification that “the processing of such data shall be limited to the European Union” 3/
... within the federalized legal system, where consumer protection agencies, big and small, have a strong tradition of enforcing consumer rights, where Prosecutors from the Public Ministry - federal and regional, have the power to bring #LGPD breaches to Court ... 2/n
... where there is a long tradition of class actions, with actually very few barriers to proceed in Court from an admissibility and costs perspective, where the Supreme Constitutional Court recognized this year an autonomous fundamental right to data protection... 3/n
The CJEU clearly upheld its string of serious data protection cases against gov access to personal data, starting with Digital Rights Ireland, then Schrems I, then Tele2Sverige, EU-Canada PNR Opinion. If you knew those decisions, the outcome of the PS assessment is no surprise.
The surprise was that the Court decided to go full strength on in this particular case, after the AG has given it a way out to postpone the assessment of the PS and focus on SCCs. Clearly, the Court saw an inextricable link between the two. The other option would have been...
to show the weaknesses of the Privacy Shield and give the Commission and the US government time to act/react, while sharpening Commission's attention to the rest of the world too, with Chinese-based apps taking more and more of the European market very recently.
Worrying news from Brazil 🇧🇷 The Fake News bill being discussed by Congress imposes mandatory social media account ID registration (!) and seems to be aiming to strict data localization and data retention obligations. 1/5 #LGPD#GDPR#privacy
If you thought mandatory SIM card registration is bad, this is worse. All social media users would have to provide valid Brazilian ID or passports if they’re foreigners & a Brazilian phone number to be able to open a user account. 2/5
It also aims to impose data retention obligations for internet connection logs (!) for 1 year by ISPs and 6 months by online applications. Plans for EU Adequacy post-LGPD may be … problematic. See CJEU in Digital Rights Ireland curia.europa.eu/juris/document… 3/5 #dataretention#GDPR
Andrea Jelinek, Chair of @EU_EDPB, said there are currently 70 cross-border cases w final decisions, proving that OSS works; ‘these are not spectacular cases in terms of fines’ though #CPDP2020#OneStopShop#GDPR
Most of these +70 cases are related to the rights of the data subject (erasure & access), followwd by cases related to data breach notifications.
One of the main challenges for smooth functioning of OSS are differences in national peocedural laws. ‘Resolution of cross border cases is time & resource consuming & intensive’ #CPDP2020