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Mistakenly sending an email is data processing, but not data breach?

On 29 January 2021, the Belgian Data Protection Authority (“GBA“) issued a decision interesting for its contrast between a simple set of facts, on the one hand, and inclusion of bold statements about some fundamental data protection concepts, such as data breach and lawfulness, on the other hand. The parties to the proceedings before the […]

Council of Europe's useful guidance concerning facial recognition
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Council of Europe’s useful guidance concerning facial recognition

The Consultative Committee of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (“Convention 108+“) developed Guidelines on Facial Recognition, addressed to legislators, decision makers and businesses (“Guidelines“). The Committee brings together experts representing the 55 states parties to the Convention as well as 20 observer […]

Privacy overrides free expression in a Dutch blacklist case
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Privacy overrides free expression in a Dutch blacklist case

District Court of Central Netherlands in Utrecht rendered a decision on 8 January 2021 concerning the “naming and shaming” scheme published on a Dutch website. The court provided valuable insights into a conflict between the legitimate interests of data controller and third parties, on the one hand, and fundamental rights and freedoms of data subject, […]

BDK advises the shareholders of Frame on the sale to Nutanix 3
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Liberalization of the regime applicable to Chinese citizens working in Serbia

The Republic of Serbia and People’s Republic of China signed the Social Security Agreement (“Treaty“) which entered into force on 1 February 2021. Chinese citizens employed with Chinese companies but working in Serbia will be exempt from mandatory pension and unemployment insurance contributions in Serbia, while Serbian companies and Serbian employees will enjoy the same […]

Booking an appointment digitally – issues under the GDPR
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Booking an appointment digitally – issues under the GDPR

The Italian Data Protection Authority (Garante) issued on 17 December 2020 a EUR 40,000 fine against an Italian software company (Miropass s.r.l.) for GDPR violations connected to the use of its appointment booking system. The decision analyses legal responsibility of the software company in its varied roles under data protection law – those of a […]

Video surveillance cannot disrupt a disrupting neighbor
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Sweden: Video surveillance cannot disrupt a disrupting neighbor

The case law across Europe on the use of video surveillance is possibly richer than case law on any other data protection issue – but there is always some new aspect for a decision-making body to examine and for lawyers to learn about. Most recently, the Swedish data protection authority (Datainspektionen) helped polish our understanding […]

Loans from non-EU IFIs no longer subject to minimum tenor requirements
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Loans from non-EU IFIs no longer subject to minimum tenor requirements

The National Bank of Serbia (NBS) has updated its regulation of cross-border loans and guarantees involving Serbian borrowers and security providers (Update). The Update allows Serbian borrowers to agree to partially or fully repay at any time loans taken from international financial institutions (IFIs) of which Serbia is a member or with which Serbia has […]

BDK Advokati promotes three counsels and one senior associate
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BDK Advokati promotes three counsels and one senior associate

We are happy to announce promotions of three of our senior associates into counsels: Dragoljub Sretenović, Bisera Andrijašević and Tomislav Popović. We are equally glad to announce that our collegue Dijana Pejić Šinik, independent attorney at law from Banja Luka working in cooperation with our firm, has risen to the professional level of senior associate. […]

Austria: Probabilities as personal data
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Austria: Probabilities as personal data

The Federal Administrative Court of Austria confirmed by its decision of 26 November 2020 the stance of the Austrian Data Protection Authority (“Datenschutzbehörde“) that so-called “party affinity” data may not be processed without the data subject’s consent. Most importantly, the Court clarified that data about an individual fall within the scope of “personal data” even […]

P&O ports acquires Luka Novi Sad
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Illegal state aid threatens to sink Montenegrin maritime transport companies

Following the decision on opening investigation into alleged illegal state aid to Montenegrin airline company Montenegro Airlines, which led to grounding of its airplanes and termination of transport operations in December 2020, the Montenegrin Agency for Protection of Competition (“Agency“) has opened two more investigations into alleged illegal state aid granted to state-owned transport companies. […]