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Showing posts from December, 2023

The rules of UEFA on ‘homegrown players’ could be contrary to EU law (ECJ)

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According to the Judgment of the Court of Justice (21.12.2023) in Case C-680/21 (Royal Antwerp Football Club),  the rules of UEFA and the Belgian football association on ‘homegrown players’ could be contrary to EU law. A footballer and a Belgian club are challenging UEFA’s rules and those of the Belgian football association that require a minimum number of ‘home-grown players’ to be included in teams. The Court holds that that requirement could infringe both competition rules and the free movement of workers. However, the national court in charge of the case will have to verify whether or not that is the case. UEFA (Union of European Football Associations) requires football clubs to have a minimum number of ‘home-grown players’ in their teams. The Belgian football association (URBSFA) has adopted similar rules. In both cases, those rules define ‘home-grown players’ as players who are trained at national level, although UEFA’s rules also refer to players trained within a given club. A p

Cybercrime: the fear of a possible misuse of personal data is capable, in itself, of constituting non-material damage (ECJ)

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According to the Judgment (14.12.2023) of the Court of Justice in Case C-340/21 (Natsionalna agentsia za prihodite), the fear of a possible misuse of personal data is capable, in itself, of constituting non-material damage. The Bulgarian National Revenue Agency (the NAP) is attached to the Bulgarian Minister for Finance. In particular, it is responsible for identifying, securing and recovering public debts. In this context, it is a personal data controller. On 15 July 2019, the media reported an intrusion into the NAP IT system, revealing that, following that cyberattack, personal data concerning millions of persons had been published on the internet. Many individuals brought legal actions against the NAP for compensation for non-material damage caused by the fear that their data might be misused.  The Bulgarian Supreme Administrative Court refers several questions to the Court of Justice for a preliminary ruling on the interpretation of the General Data Protection Regulation (GDPR) .

Imposition of a ban on Meta for the processing of personal data for behavioural advertising purposes on the basis of contract and legitimate interest.

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Following the  EDPB’surgent binding decision of October 27th 2023 , the Irish data protection authority (IE DPA) adopted its final decision on 10 November 2023, imposing a ban on Meta Ireland Limited (Meta IE) for the processing of personal data for behavioural advertising purposes on the basis of contract and legitimate interest.  The EDPB urgent binding decision followed a request from the Norwegian Data Protection Authority (NO DPA) to order final measures in this matter which would have effect in the entire European Economic Area (EEA). EDPB Chair Anu Talus said: “ After careful consideration, the EDPB considered it necessary to instruct the IE DPA to impose an EEA-wide processing ban, addressed to Meta IE. Already in December 2022, the EDPB Binding Decisions clarified that contract is not a suitable legal basis for the processing of personal data carried out by Meta for behavioural advertising. In addition, Meta has been found by the IE DPA to not have demonstrated compliance wi

Editorial

Editorial
George Kazoleas, Lawyer