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In the case of Eva Glawischnig-Piesczek v Facebook Ireland Ltd (Case C-18/18), the Advocate General (AG) of the Court of Justice (CJEU) was asked to clarify the scope of the obligation that may be imposed on a host provider to remove illegal information. Article 15(1) of the e-Commerce Directive 2000/31/EC (the Directive) prohibits Member States from imposing a general monitoring obligation on host providers, and the CJEU considered whether that provision precludes a court, in the context of an injunction to remove notified illegal content, from ordering a host provider to seek and identify identical or equivalent illegal content. The CJEU also considered the territorial scope of a removal obligation, and whether removal could be ordered on a worldwide basis.

In his Opinion, AG Szpunar concluded that a host provider may be ordered to remove not only notified illegal content, but to seek and identify among the information disseminated by any user of that platform, information ‘identical’ to that which has been characterised as illegal by a court. In addition, a host provider may be ordered to seek and identify information ‘equivalent’ to that characterised as illegal, but only among the information disseminated by the original user, and not by any user.  The AG also considered that since the Directive does not regulate the territorial scope of an obligation to remove information disseminated via a social network platform, it does not preclude a host provider from being ordered to remove such information on a worldwide basis. Whilst the AG’s Opinion is not binding on the CJEU, it will be of persuasive value.
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In Ryanair dac v SC Vola.ro srl [2019] IEHC 239 the Irish High Court confirmed the enforceability of a jurisdiction clause contained within a website’s Terms of Use, finding the user had agreed to it via a “click-wrap” agreement. Following previous Ryanair screen-scraping cases, the court held the click-wrap agreement met the requirements of Article

On 1 May 2019, Ms Helen Dixon, the Data Protection Commissioner (DPC), appeared before the US Senate Committee on Commerce, Science and Transportation.  She was invited to testify on Ireland’s implementation of the GDPR, as the US is considering introducing a federal data privacy framework. California has already passed a new data privacy law, the California Consumer Privacy Act, which is due to come into effect on 1 January 2020. This note sets out some of the highlights of the DPC’s testimony.
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As we approach the GDPR’s one-year anniversary, we are starting to see more enforcement activity by the EU Data Protection Authorities (DPAs) as they complete their initial investigations into data breaches. This blog looks at two recent fines issued by the Polish and Danish DPAs, which demonstrate the type of conduct likely to lead to enforcement activity.

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The EDPB has released new draft guidelines 2/2019 on the contractual necessity legal basis for processing personal data in the context of the provision of online services to data subjects. The guidelines emphasise the narrow scope of the contractual necessity legal basis. A controller must be able to demonstrate that the processing is ‘objectively necessary’ for a purpose that is ‘integral’ to the delivery of a contractual service to the data subject in order to rely on this legal basis. If a controller cannot demonstrate such necessity it must consider another legal basis for processing the personal data. This note considers the key highlights of the guidelines.

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On 3 April 2019, the Joint Committee on Justice and Equality met to discuss the implementation of the GDPR with Ms Anna Morgan (Deputy Commissioner), Ms Jennifer O’Sullivan (Deputy Commissioner), and Mr Cathal Ryan (Assistant Commissioner). The Commissioners discussed a range of issues, including the enforcement powers used by the Data Protection Commission (DPC) post-GDPR, the difficulties with verifying parental consent in relation to the provision of information society services to children, and the DPC’s experience of resolving data access requests by amicable resolution. This note highlights some of the Committee’s questions (in abbreviated form), and the responses given by the Commissioners.

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The UK has published an Online Harms White Paper, setting out its proposals for new online safety laws. Like the Irish Government’s proposals (discussed here), the UK proposals aim to make online platforms more responsible for users’ online safety, especially children and other vulnerable groups. The new laws will apply to any company that allows users to share or discover user-generated content or interact with each other online, including social media platforms, file hosting sites, public discussion forums, messaging services, and search engines. The 12-week consultation period on the new laws runs until 1 July 2019.

The UK consultation paper seeks views on a number of issues including:

  • the online services falling within the remit of the regulatory framework;
  • options for appointing an independent regulator responsible for enforcing the new framework;
  • the regulatory body’s enforcement powers;
  • potential redress mechanisms for online users; and
  • measures to ensure regulation is targeted and proportionate for the industry.


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The Government Chief Whip, Seán Kyne TD, has published the Government’s legislation programme for Summer 2019.  The updated programme follows on from the special programme launched in January 2019 which focused on Brexit. We have set out below the key data protection and technology-related legislation coming down the tracks.

Priority Legislation

  • Communications (Retention of Data) Bill –  This Bill will repeal and replace the Communications (Retention of Data) Act 2011 which requires data generated by mobile phones to be retained by telecommunications service providers for two years, and allows An Garda Síochána and certain other State agencies to access such data for criminal investigative purposes. The Heads of Bill were published last October 2017, following publication of Mr Justice Murray’s Review of the Law on the Retention of and Access to Communications Data, which found that many features of the 2011 Act are precluded by EU law. The Irish High Court also recently held, in Dwyer v Commissioner of An Garda Siochána [2018] IEHC 685; [2019] IEHC 48, that certain sections of the 2011 act are incompatible with EU law.


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The EDPB has published its first review of the implementation of the GDPR, in particular the functioning of the cooperation and consistency mechanism. The GDPR requires EU Data Protection Supervisory Authorities (SAs) to cooperate in order to provide a consistent application of the GDPR. The EDPB concludes that nine months after the entry into force of the GDPR, the cooperation and consistency mechanism is working well. All one-stop-shop cases have so far been resolved smoothly, with no cross-border case being escalated to the EDPB for dispute resolution purposes.

To support the cooperation and consistency mechanism, the EDPB have customised an existing IT system, the Internal Market Information System (IMI), in order to provide a structured and confidential way for SAs to share information.

Some of the highlights of the review are set out below.


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