Executive Summary Today, the Court of Justice of the European Union (‘CJEU’) handed down its long-awaited judgment in the ‘Schrems 2.0’ case (Facebook Ireland and Schrems (Case C-311/18)), about the validity of two means of legitimizing transfers of personal data outside the EEA under the EU General Data Protection Regulation (‘GDPR’)[1]. In somewhat of a […]
European Data Protection Board Clarifies Guidelines on Consent to Address ‘Cookie Walls’ and ‘Scroll-to-Accept’ Practices
On May 4, 2020, the European Data Protection Board (‘EDPB’) adopted updated guidelines on the meaning of ‘consent’ under the EU’s General Data Protection Regulation (‘GDPR’). The two key changes clarify that: Websites and other services may not use ‘cookie walls’, as these do not permit valid consent to be collected. ‘Cookie walls’ require the […]
UK ICO publishes the final version of its Age Appropriate Design Code
On January 21, 2020, the UK ICO published the final version of its Age Appropriate Design Code (the “Design Code”), which sets out 15 standards that online services should meet to protect children’s privacy. The Design Code is not only applicable to online services squarely aimed at children, but also covers online services likely to […]
French CNIL Launches Public Consultation on Cookie Consent Recommendations
On January 14, 2020, the French data protection authority (CNIL) launched a public consultation on its draft recommendations for the collection of consent in the context of cookies and other tracking technologies (the ‘draft Recommendations’). Under EU ePrivacy rules, such technologies generally may not be placed on – or accessed from – users’ devices without […]