How does my legal partner work?
On 16 July 2020 a very important judgment was delivered by the CJEU:
The CJEU found that, as a mechanism for the lawful transfer of personal data from Europe to the US, the Privacy Shield is invalid. Wherever you apply this mechanism, the approach must therefore be corrected. This mechanism has often been used to transfer data in the area of marketing, IT support, modern applications. Please also check whether this mechanism was used somewhere in the processing chain at a later stage.
As regards standard contractual clauses, this instrument was upheld. However, the CJEU indicated the obligation to examine the level of personal data protection in the country to which data are to be transferred under the clauses. At the moment, it is too early to assess how this requirement will be enforced by the supervisory authorities. Our first concerns are whether SCC will apply "automatically" to the transfer of personal data to the US.
We are continuing to analyse the judgment. The whole text is available at: https://noyb.eu/en/cjeu?fbclid=IwAR3vcFuF8HpwR0avQJJ9bo-x0kOFVQRAH3mV-ldX_is7DUZOlkdt528SPVg
Please let us know if you wish to discuss specific cases and concerns.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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