Data protection

 The e-privacy directive and the draft e-privacy regulation prescribe the rules internet sites have to follow in placing cookies. One of the main differences in opinion between the European Parliament and the Council, even within the Council was whether sites can place cookies based on legitimate interest. It is generally accepted that the e-privacy rules  should not be softer than the GDPR requirements. Many data protection experts believe that placing information on the terminal equipment of the user is so intrusive, that it should not be justified by legitimate interest. On the other hand, in case of processing of personal data based on legitimate interest, the user has the right to object - but only based on his/her particular situation. Cookies sometimes are absolutely necessary to provide the on line service. Most of these, maybe all, do not have to be kept after the session is closed (for example those which indicate that the user has been authenticated, which serve tha...

 A lot happened since Schrems-II , among others the European Data Protection Board published a FAQ document , a guidance on essential guarantees for surveillance measures      and submitted another guidance , on measures that supplement transfer tools. Transfer tools are either safeguards which ensure that data subjects enjoy adequate protection of their privacy at the place and in the organisation to where their data are transferred or derogations which enable transfer essentially without adequate protection. I used the term adequate protection and previously the view was that the protection ensured need not be identical with that in the EU. The Schrems II judgment, however, speaks about equivalent protection and this is stronger. In case the derogations (according to article 49 GDPR) are used, the EDPB is of the view that the last sentence of Article 44 GDPR (All provisions in this Chapter shall be applied in order to ensure that the level of protection of natural...