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The JENTIS Legal Digest

JENTIS

The most powerful Server-Side Tracking Platform.

发布日期: 2023年5月17日

Written by Tomislav Rachev LL.M. and Margo Kotseva

What better way to prepare for the 5th "birthday"?of the GDPR next week than to sign up for our?JENTIS Legal Digest for bi-weekly data privacy news in the field of digital advertising and analytics! Stay tuned!

In this edition?

Main stories:
Heroes of Data & Privacy - one week to go!
European Parliament calls on the Commission not to greenlight EU-US data transfers
German court decision confirms illegality of Google Ads/Analytics without supplementary measures or qualified consent
Data privacy around the globe

Main stories

Heroes of Data & Privacy - one week to go!

No alt text provided for this image — Image by Benjamin Schott

The MAIN story for us:

The Heroes of Data & Privacy Event is less than a week away!

After a huge success last year, we have brought the event to an even bigger scale. This year, we are meeting speakers such as Ann Cavoukian, Ph.D. , Jonas Rashedi , Christine Blaes and Lou Montulli in-person at the Marx Palast in Vienna.

We invite you to either grab a last-minute ticket (for more info contact any of our reps directly) or save a slot in your calendar for the live streams.

Some of the topics to expect:?

Origin story and the future of the #webcookie - because you can′t manage what you don′t understand
What does the new #data world mean for #AdTech??
MY CAR – MY DATA? Insights from Susanne Tischmann about privacy in the automotive industry
Culture and Data - what do business need to handle data right??

Take a look at our program for the event and online streams - and join us for an exciting discussion into all things data and privacy!

All Infos here: Heroes of Data & Privacy Event

European Parliament calls on the Commission not to greenlight EU-US data transfers

As?hinted in our?previous Legal Digest, last week?the European Parliament passed a resolution criticising?the EU-U.S. Data Privacy Framework (DPF) and urging the Commission not to adopt the U.S. draft adequacy decision, but rather to continue the negotiations with the U.S. government until an adequate level of protection for the data of EU citizens is ensured.?

The resolution stresses the weaknesses of the DPF,?focusing on issues such as?bulk data collection, lack of safeguards, data subject rights, and onward transfers. The?Parliament expresses concerns that adopting the Framework would?continue?"the lack of legal certainty, further costs and disruption for European citizens and businesses".

Key insights:?

Such vocal opposition to the DPF has the potential to make the adoption of the U.S. draft adequacy decision politically more complicated.
The resolution outlines the main arguments of a subsequent Schrems III challenge.
This is?yet another indication that the legal uncertainty?surrounding?transatlantic data flows is here to stay, even if a potential adequacy decision is eventually adopted.

German Court decision?confirms illegality of Google Ads/Analytics without supplementary measures or qualified consent?

Ever since #Schrems II and the invalidation of the?EU-US Privacy Shield in 2020,?European website operators have faced?a?series of?decisions by Data Protection Authorities declaring the use of US-based tool providers?for tracking such as Google or?Facebook?illegal.?

This trend was recently continued by a?ruling?of the Cologne District Court in Germany against the use of Google Ads/Analytics.

In a case relating to Deutsche Telecom's website, the Court found that the transmission of personal data such as IP address and device information?to?Google LLC for marketing and analytics?services did not meet the requirements for data transfers (Chapter V GDPR).

The ruling confirms that the?Standard Contractual Clauses alone are not enough to ensure compliance and?highlights?the need for supplementary technical measures to prevent unlawful access by U.S. authorities in third countries.

The Court did not accept the defendant's argument that the transmission is based on explicit consent due to the?high bar for valid consent under Article 49 GDPR requiring sufficient information about the data recipients, countries and risks involved.

Key insights:

Even though the ruling is not final and subject to appeal, it is a confirmation of the case-law of data protection authorities?so further similar cases are likely to follow, at least until a potential U.S. adequacy decision comes into force.?
Relying on qualified consent via the cookie banner remains associated with significant practical hurdles.?
The JENTIS Data Capture Platform works as a supplementary measure enabling the prevention of re-identification of personal data in the third country.??
JENTIS has also been working on a new solution further enhancing?data-driven and privacy-focused marketing?- tune in for Thomas Tauchner's talk at?Heroes of Data & Privacy?next week for more details!