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Data Protection Leader

Volume: 6 Issue: 12
(December 2009)


The Higher Court of Düsselfdorf ruled, in a 24 November judgment, that the executive of a travel company was personally responsible for ensuring each individual on a database of email addresses that the company bought from a data broker had 'explicitly' consented to receiving email advertisements. / read more

Data Protection Law & Policy is organising a half-day workshop on data protection in the financial services sector at the London offices of Sidley Austin LLP, on 19 January 2010. The workshop will focus on the data security challenges faced by financial institutions. Issues examined during this workshop will include bank secrecy obligations, outsourcing and data transfers, offshoring, and data provisions for regulatory compliance. / read more

The French Senate has proposed an amendment to the French Data Protection Act which would require companies with more than 50 employees processing personal data to appoint a Chief Privacy Officer (CPO). / read more


By the look of it, 2010 is going to be a momentous year for European data protection. Not that the previous 12 months have not been interesting, but the year ahead is set to bring a number of legislative and regulatory changes in this area which are likely to have a radical and long lasting impact. This effect will actually go well beyond pure amendments to the law as we know it today. It will probably shape today's and tomorrow's way of doing business and using technology. From global outsourcing to web surfing, we are about to see ≠ and perhaps influence ≠ the beginning of a very different approach to privacy management and data protection compliance. / read more

The Constitutional Court's ruling that the Data Retention Law is incompatible with the Romanian Constitution raises interesting questions on the supremacy of EU law and on how Romanian authorities can comply with the Data Retention Directive. Roxana Ionescu and Iurie Cojocaru, of Nestor Nestor Diculescu Kingston Petersen Attorneys & Counselor, examine the ruling and its implications. / read more

There is much uncertainty as to how European Member States will interpret the controversial cookie clause contained within the revised e-Privacy Directive. Could it mean the end of the internet as we know it? Eduardo Ustaran of Field Fisher Waterhouse adopts a purposive interpretation of the new Article 5(3) in an attempt to clarify its implications. / read more

The record fine of €1.1 million imposed on Deutsche Bahn is the latest of a series of data protection "scandals" to have hit the German press over the last 12 months. Ulrich Baumgartner, of Osborne Clarke in Munich, analyses the reasons for this phenomenon and argues that the lack of clear-cut data protection laws, in a country whose public is sensitive about any abuse of their personal data, could be the explanation. / read more

As EU Member States introduce electronic ID cards, it is essential to address the privacy risks associated with using the cards for online identification purposes - especially in relation to banking. Andreas Mitrakas, Head of Administration at the European Network and Information Security Agency (ENISA), and ENISA experts, Giles Hogben and Ingo Naumann, address the Agency's efforts to deal with such risks. / read more

The Times successfully defended most of its publications in an ongoing libel action on the grounds that they are protected by the defence of qualified privilege. Dominic Edmondson, of Gallant Macmillan LLP, examines the judgment delivered by Justice Tugendhat in the High Court against the backdrop of striking a balance between the right to privacy and freedom of expression. / read more

The Court of Appeal ruled that the police can legally retain personal data on its national computer database, overturning a decision of the Information Commissioner and Information Tribunal. Laura Acreman, Associate at Bird&Bird, examines the judgment and whether its implications are limited to the area of criminal justice. / read more

About Data Protection Leader:

The monthly law publication which covers all aspects of data protection and data privacy. Topics covered include data transfers and outsourcing, data localisation and retention, the EU General Data Protection Regulation (GDPR), the e-Privacy Directive, data security, marketing and behavioural advertising, consent, employee monitoring, privacy compliance, risk management, DPO responsibilities, accountability, Privacy by Design, acquisition and mergers, the Internet of Things, cloud computing and Big Data / read more

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