The European Commission has published on its website an updated version of its explanatory note on how it conducts dawn raids where it suspects that a company has breached antitrust law. The revised note goes into more detail concerning the IT aspects of a European Commission dawn raid and it touches upon cloud services and personal data.
The explanatory note is available here.
The recent European Court of Justice decision in Weltimmo sro v Nemzeti Adatvédelmi és Információszabadság Hatóság C-230/14 provides important guidelines on the competence of, and co-operation between, national data protection authorities. The ECJ has clarified how data protection law applies in cross-border situations within the EU.
The Court of Justice of the European Union recently held that personal data cannot be transferred between two public bodies, and subject to further processing, without the data subjects concerned having been informed in advance (Smaranda Bara and Others v Președintele Casei Naționale de Asigurări de Sănătate, Casa Națională de Asigurări de Sănătate, Agenția Națională de Administrare Fiscală (ANAF), Case C-201/14).
The European Commission published, on September 11, 2015, a public consultation on the evaluation and review of the regulatory framework for electronic communications networks and services. The public consultation is a first step in the future reform of the regulatory framework, which constitutes one of the 16 strategic measures that will be implemented before the end of 2016 in order to create a Digital Single Market, in accordance with the 10 priorities defined by the Commission on July 15, 2014.
The MEPs adopted during the second reading the regulation on the measures concerning access to the internet modifying the 2002 Directive on telecommunications. The totality of amendments proposed by the MEPs promoting net neutrality has been rejected.
The new data privacy laws comprise of the General Data Protection Regulation (GDPR), which governs the use and privacy of EU citizens’ data, and the Data Protection Directive, which governs the use of EU citizens’ data by law enforcement.
The new privacy regulations aim to create strong data protection law for Europe’s 500 million citizens, streamline legislation between the 28 member states pushing a digital single market and boost police and security cooperation. It is set to replace the outdated patchwork of national rules that have only allowed for small fines in cases of violation.