European Court of Justice already reasons with the 'GDPR' in mind.
Curia Press Release 15 march 2017

European Court of Justice already reasons with the 'GDPR' in mind.

The case C-536/15 may not have the impact of a 'Schrems' or a 'Google Spain' but it informs us on the ECJ reasoning vis-à-vis the GDPR.

The Case refers to communication directive and the users' rights (of 2002); however there is a strong feeling that the judges took into consideration the harmonization of the rules next year in the field of personal data. It brings us back to 2012 actually, when the first GDPR draft was available.

It may be highlighted by the following Court statement:

Moreover, the Court notes that, regardless of where they are established in the EU, undertakings which provide publicly available telephone directory enquiry services and directories operate within a highly harmonised regulatory framework making it possible to ensure throughout the EU the same respect for requirements relating to the protection of subscribers’ personal data.

Indeed, the intention of the  Commission back in 2012 where the GDPR proposal was published is to simplify companies management and handling of personal data. It also simplify the life of data subjects, where in return, if they wish to revoke their consent this will imply the cancellation of such consent for the entire undertakings 'regardless of where they are established in the EU' (hence the Court statement  may be read also a contrario).

Press release: view here

 

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