If the Luxembourg based European Court of Justice (cjeu) supports the claims of Belgiums data protection regulators, it could encourage governments of the 27 EU Member States to take action against companies such as alphabets Google, twitter and apple.
The Irish privacy authority is Facebooks leading regulator under the landmark EU privacy protection regulation, the general data protection regulation (gdpr), and its one-stop mechanism, because Facebooks European headquarters are in Ireland.
Google, twitter and apple are all based in Ireland. However, the gdpr leaves some leeway for privacy regulators in other countries to adjudicate violations that are limited to specific countries. This is what France and Germany, for example, do.
Belgian regulators tried to prevent Facebook from tracking Belgian users through cookies stored in Facebooks social plug-in, but Facebook objected, saying Belgium has no territorial jurisdiction. On October 5th, the European Court of justice is likely to decide whether Belgian regulators have such territorial jurisdiction over Facebook.
Facebook said it was appropriate for the EU bill to designate a leading oversight body responsible for cross-border privacy issues.
Jack Gilbert, Facebooks assistant general counsel, said in an email that all companies in the EU that are subject to the gdpr can benefit from this one-stop mechanism. This mechanism allows companies of all sizes to understand their legal responsibilities and respond quickly to regulators.
Belgiums data protection regulator says the problem is simple. The question is whether the one-stop mechanism under the gdpr is exhaustive, or whether there is some room for enforcement by local authorities, such as Belgian regulators, especially when litigation is brought against domestic judges, said AUR u00e9 lie waeterinckx, a spokesman for the agency
The EU will also have to decide whether the gdpr applies to this situation, which goes back to 2015. The EU general data protection regulation was adopted in 2016 and came into force in 2018.
Irish regulators have filed lawsuits against Facebook, Facebook subsidiaries instagram and WhatsApp, as well as twitter, apple, Verizon media, Microsofts LinkedIn and US digital advertiser Quantcast. (Tianmen Mountain)
Source of this article: Zhang Zutao, responsible editor of Netease science and Technology Report_ NT5054