The Catch Up is back!
The end of the Privacy Shield – what happens next?
In the wake of the invalidation of the Privacy Shield data transfer arrangement between the EU and the US, Max Schrems’ noyb site has filed complaints against 101 EU websites. The list identifies European companies working with regional operators that are still sending data to the US via Google Analytics and/or Facebook Connect integrations. Both the Irish DPC and France’s CNIL have stated that they will investigate the claims. While the French authority has stressed the need for a common and coherent approach by European regulators and all stakeholders, including data controllers, to secure the processing of data of European citizens.
It’s surely time for companies to consider working with a European digital analytics provider that is fully compliant with the GDPR.
Alternatives to the Privacy Shield
Following the Schrems II CJEU decision, the German DPA of Baden-Württemberg said that Data importers are to take legal action against requests by government authorities for disclosure of personal data and must inform individuals of such requests. In guidance for EU data exporters, they stated that when assessing transfers, the DPA will focus on the question of whether there are reasonable alternative services to avoid transfer problems. They also stressed that “If the DPA cannot be convinced that the service provider/contract partner with transfer problems being used is irreplaceable in the short and medium term by a reasonable service provider/contract partner without transfer problems, they will prohibit the data transfer.”
Ad cookie conformity
Data protection authorities in several German states have launched a large-scale inquiry into the GDPR-compliance of media website cookie banners. By examining the use of tracking techniques, they will look into whether the cookie banners used by media companies meet the requirements for a voluntary and informed consent of the user according to the requirements of the GDPR. The Baden-Württemberg DPA stated that “newspapers in particular enjoy a high level of trust from the population; this should also be reflected in the responsible handling of user data.”
Fintech takeover?
As the tech giants rapidly move into the banking data market (article here in French), and with Facebook, Apple, Amazon and Google all getting in on the act, the tech giants are actively pushing the line that fintech is “a real step towards a low-cost, more accessible and connected global financial system“. However, many are claiming that the implementation of cryptocurrency by the tech giants is merely another way to make their users even more captive and get their hands on highly valuable strategic data – as well as an entirely new source of income. Furthermore, handing over our banking transaction data to US companies is not only a threat to banks, but also to the ability of domestic merchants to capture new market share. Then there’s the issue of data concentration and sovereignty – in short, further grounds for the need to work with independent European players, particularly in this sector of banking data analysis.
Will life after Covid be K-shaped?
While many have been touting the economic recovery after Covid as ‘V’, ‘U’, ‘W’ or ‘L’ shaped, the idea of a ‘K’ shaped outcome could be more likely. In other words – one economic path for the parts of the economy that have benefitted from the pandemic, i.e. big tech, general retailers, entertainment, biotech & pharma, work from home firms and online retailers – and the other path for everyone else. We’ll see how it pans out…
Eco-power
To round off, here’s a recent report on French eco-startup Geev (in French) and the hugely positive effect on the environment of free online goods exchange site. With more than 2 million subscribers on their platform, the company has so far managed to re-circulate over 11,000 tons of second-hand objects. Top job!
See you next time on the Internets!
