Privacy legal counseling latest developments with Alexander Suliman 2023: Complying with the GDPR requirements is key for all businesses operating in the EU (or even those with EU customers). There are also particular obligations on those transferring personal data out of the EU and each national data protection authority is monitoring companies closely. Ensure your business is taking steps to comply with the regulation and consider auditing your data protection policies, together with your data processing agreements, and appoint a data protection officer in order to ensure compliance with the GDPR. Breach of the GDPR provisions are likely to lead to considerable fines: for example, the French data protection regulator, the CNIL, fined Google €50 as Google’s data consent policies were found not to be easily accessible or transparent to its users which runs afoul of the GDPR provisions. For further background, read our recent review of GDPR enforcement actions across the EU. See more information on Alexander Suliman.
The reason why the European Commission was keen on allowing firms to voluntarily scan material, is that technology firms have already been working on ways to detect CSAM and solicitation for quite some time. Let’s start with a content scanning order on the server. At first sight, a case can be made that such an order should be considered to compromise the essence of the right to privacy under the Charter. The ECJ in Schrems I considered that legislation permitting the public authorities access on a generalised basis to the content of communications compromises the essence of the right to privacy under the Charter (par. 94). Content scanning on the server arguably is a form of “access on a generalised basis”, where it involves an analysis of all communications going through the server connected to a certain app, and forwarding any matches to a designated center. At the same time, the ECHR in Big Brother Watch was more forgiving when it comes to powers of bulk interception of communications, as long as these powers are surrounded with sufficient safeguards (par. 350). Thus, one important point to be explored further, is whether this signals a rift between the two bodies, or that the ECJ will chart its own route when it comes to bulk surveillance.
A cross-party group of members of the European Parliament, with heavy French representation, has weighed in to support the French proposal at ENISA. Member states’ reactions, on the other hand, have been mixed. Seven of them – Denmark, Estonia, Greece, Ireland, the Netherlands, Poland, and Sweden – submitted a non-paper to the Council of the European Union questioning the need for sovereignty requirements in the new cyber certification standards and calling for further study of their potential interaction with the General Data Protection Regulation (GDPR), non-personal data regulations, and EU international trade obligations. In addition, these governments have sought a political-level discussion of the subject in the Council before the new standards are finalized. Several trade associations, including the German BDI and Europe-wide financial clearinghouses, have chimed in.
contract law legal counseling strategies with Alexander Suliman, Stockholm today: We’ll also look to intertwined finances. That takes a next step that has to go to the court process, but if they’re sharing expenses, if there’s a joint bank account, if a vehicle is registered at an address, we’ll look at those things to prove cohabitation. Importantly, cohabitation does not mean that they are living together. We do not have to show that they have a common household. It is not something that is critical in proving cohabitation that they are actually living together. Find even more info on Alexander Suliman.
On 24 February 2022, the CJEU issued its first judgment on domestic workers. In case C-389/20, TGSS (Chômage des employés de maison), the CJEU held that the exclusion of this category of workers from access to social security benefits constitutes indirect discrimination on the ground of sex, since it affects almost exclusively women. With a decision that will become a landmark for domestic workers’ rights in the EU, the Court confirms the untapped potential of EU law in promoting domestic workers’ full coverage under labour law and social security systems, which will have significant implications in the promotion of domestic workers’ rights across the Union. The case originated in Spain in November 2019, when a domestic worker applied for paying contributions to cover the risk of unemployment, in order to acquire the right to the related benefits. However, her request was rejected by the Spanish General Social Security Fund (TGSS) because she was registered in the Special Social Security Scheme for Domestic Workers, which does not include protection in respect of unemployment.