Post by account_disabled on Feb 18, 2024 3:38:41 GMT -5
The Advocate General of the European Union, Michal Bobek, tears down one of the legal parapets that Facebook has historically relied on. In conclusions that were released early this Wednesday, the Advocate General details that the data protection agencies of all member countries of the European Union can take legal action against the social network regarding cross-border data processing, provided and when certain conditions are met. The regulations provide that when data processing affects citizens of several countries, the "main" data authority that must act is the one in which the company has its main headquarters. In the case of Facebook, the Irish data protection authority.
But this, in Bobek's opinion, does not prevent other authorities from taking action. Facebook doubts the continuity of its business in Europe if Ireland finally prohibits the transfer of its users' data to the US This opens the door for the Spanish Data Protection Agency (AEPD) to be able, for example, to initiate legal proceedings if it detects that Facebook is carrying out cross-border data processing in Spain that violates the European Data Protection Regulation, the RGPD. Bobek's statement responds to a case Europe Cell Phone Number List that dates back to 2015, when the Belgian data protection authority opened proceedings in this country against several Facebook companies: among them, Facebook Belgium BVBA, Facebook INC and Facebook Ireland Ltd - its main headquarters in the European Union. With its lawsuit, the Belgian data protection authority demanded that the social network stop inserting several cookies without permission on the devices of its Belgian users who accessed the company's pages or third-party websites. It also asked the company to stop collecting data through social plugins and pixels. It also demanded that Facebook destroy all data collected in Belgium with these methods to date.
Facebook is going to close 3 of the Irish companies it has been using to pay less taxes Right now the case is ongoing before the Brussels Court of Appeal, but it only continues against Facebook Belgium. The court itself assumed that it did not have jurisdiction to address these claims before Facebook Inc and Facebook Ireland Ltd. This is because Facebook Belgium 'saved' its subsidiaries by arguing that the GDPR provides that the only data protection authority that can act against Facebook Ireland would be the Irish Data Protection Commission itself, the DPC. The Brussels court referred this issue to the Court of Justice of the European Union. The CJEU has not yet ruled, but Advocate General Michal Bobek has. Bobek understands that under the GDPR, the “principal” data protection authority has “general competence in cross-border data processing.” Facebook reserves 77 million euros in its Irish WhatsApp subsidiary to pay possible fines for data protection in Europe This "principal data protection authority" is a body that assumes the powers to take action against Facebook, for example, when its data processing affects citizens of more than one member state.
But this, in Bobek's opinion, does not prevent other authorities from taking action. Facebook doubts the continuity of its business in Europe if Ireland finally prohibits the transfer of its users' data to the US This opens the door for the Spanish Data Protection Agency (AEPD) to be able, for example, to initiate legal proceedings if it detects that Facebook is carrying out cross-border data processing in Spain that violates the European Data Protection Regulation, the RGPD. Bobek's statement responds to a case Europe Cell Phone Number List that dates back to 2015, when the Belgian data protection authority opened proceedings in this country against several Facebook companies: among them, Facebook Belgium BVBA, Facebook INC and Facebook Ireland Ltd - its main headquarters in the European Union. With its lawsuit, the Belgian data protection authority demanded that the social network stop inserting several cookies without permission on the devices of its Belgian users who accessed the company's pages or third-party websites. It also asked the company to stop collecting data through social plugins and pixels. It also demanded that Facebook destroy all data collected in Belgium with these methods to date.
Facebook is going to close 3 of the Irish companies it has been using to pay less taxes Right now the case is ongoing before the Brussels Court of Appeal, but it only continues against Facebook Belgium. The court itself assumed that it did not have jurisdiction to address these claims before Facebook Inc and Facebook Ireland Ltd. This is because Facebook Belgium 'saved' its subsidiaries by arguing that the GDPR provides that the only data protection authority that can act against Facebook Ireland would be the Irish Data Protection Commission itself, the DPC. The Brussels court referred this issue to the Court of Justice of the European Union. The CJEU has not yet ruled, but Advocate General Michal Bobek has. Bobek understands that under the GDPR, the “principal” data protection authority has “general competence in cross-border data processing.” Facebook reserves 77 million euros in its Irish WhatsApp subsidiary to pay possible fines for data protection in Europe This "principal data protection authority" is a body that assumes the powers to take action against Facebook, for example, when its data processing affects citizens of more than one member state.