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Data Protection and PrivacyLegal UpdateWarren-Ciantar

No More USA Social Media in the EU?

It has been reported by various news outlets that Ireland’s Data Protection Commission (DPC) has prepared a draft decision which may well lead to the end of EU-US data transfers. This draft decision is a consequence of the concerns which have been raised by USA surveillance laws and practices and comes in the wake of the invalidation of the EU-US Privacy Shield by the Court of Justice of the EU a few years ago. The draft decision has been shared with other EU data protection supervisory authorities and a period of one month has been allocated for their input before…
Warren Ciantar
25th July 2022
Claude Micallef-GrimaudTelecoms, Media & TechnologyWarren-Ciantar

Transfers of Personal Data to Third Countries: A Brief look at the New SCCs

This article was written by​ Dr Michael Camilleri, Dr Warren Ciantar and Dr Claude Micallef-Grimaud. Transferring personal data from one EU Member State to another does not entail any formalities in addition to the basic and established requirements of the EU General Data Protection Regulation (GDPR). The reason for this is because all EU Member States are, by default, deemed to offer an 'adequate level of protection due to the robust and mostly harmonised privacy laws in place. The same can largely be said about countries within the European Economic Area (EEA). Transfers of personal data from the EU to the so-called…
Warren Ciantar
14th September 2021
NewsTelecoms, Media & Technology

Upcoming ‘Digital’ Laws: The Future Is Now

Law is an ever-evolving social construct and remains effective only insofar as it can be updated in a timely manner to keep up with real-life developments. The relevance of laws and their subject matter is always dictated by present-day realities and circumstances. One need only look at some of Malta's oldest laws, such as the Public Weighers Ordinance, the Carrier-Pigeons Ordinance and even the Cereals (Sale) Ordinance, all of which are now obsolete and repealed, to be transported, as if by time machine, to an entirely different era. While looking into the past can offer certain insights, the online world…
Warren Ciantar
7th September 2020
Telecoms, Media & Technology

The EU-US Privacy Shield is No More

This article was written by Dr. Warren Ciantar and Dr. Claude Micallef-Grimaud.On Thursday 16th July 2020, the Court of Justice of the European Union ('CJEU') ruled that the 'Privacy Shield' agreement allowing for the transfer of personal data between the European Union and the United States of America does not provide sufficient protection from US surveillance to EU citizens.To fully appreciate the context and ramifications of this decision, one must go back to 2013, when a young Austrian privacy activist by the name of Max Schrems raised a complaint against Facebook with the Irish Data Protection Commissioner. The complaint centered around…
Warren Ciantar
23rd July 2020
Telecoms, Media & Technology

Cookies: ECJ Confirms Illegality of Pre-ticked Boxes

The European Court of Justice ('ECJ') has given its preliminary ruling following a request from the German Federal Court of Justice during a case between the Federation of Consumer Organisations ('the Federation') and Planet49 GMBH ('Planet49'), an online gaming company.  The issue concerned the consent of participants in a promotional lottery being organized by Planet49, to:i)    have their personal data transferred to the Planet49's partners and sponsors;ii)   the storage of their information and;iii)  the access of information stored on the users' terminal equipment (be it laptop, desktop, mobile device etc.).The facts of the case were as follows. In order to participate…
Warren Ciantar
9th October 2019
Telecoms, Media & Technology

New GDPR Guidelines on CCTV Surveillance

In today's world, video surveillance has become ubiquitous to the point that most people hardly even notice the presence of cameras and in some instances even expect cameras to be in place. Such an attitude towards the use of cameras belies how commonplace they have become and how accustomed we have grown to being constantly under surveillance. Acknowledging this reality, the European Data Protection Board ('EDPB'), which was established just over a year ago with the introduction of the General Data Protection Regulation ('GDPR'), has recently made available for public consultation its Guidelines on the processing of personal data through…
Warren Ciantar
22nd July 2019