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CJEU issues judgement in two joined cases on right to compensation for non-material damage for identity theft

On June 20, 2024, the Court of Justice of the European Union (‘CJEU’) issued its judgment in two joined cases C-182/22 and C-189/22, Scalable Capital, on the right to compensation for non-material damages under Article 82(1)...more

Automated decision making is under scrutiny in the EU and how is it addressed in other jurisdictions

Alongside the recent CJEU judgment on automated decision making in Schufa (see the Allen & Overy blog ) there are a range of developments related to ADM in other jurisdictions. UK developments - The UK Parliament is...more

CJEU rules that a credit score constitutes automated decision making under the GDPR

On 7 December 2023, the Court of Justice of the European Union (CJEU) issued a landmark judgment on Article 22 of the General Data Protection Regulation (GDPR), focused on decision making based solely on automated processing...more

CJEU considers approach to retention of personal data from public debt registers

In joined Cases C‑26/22 and C‑64/22, related to the German Credit Reference Agency Schufa (see A&O blog on the automated decision making case), the CJEU considered the retention of personal data regarding individuals who had...more

CJEU rules that national derogations on employees data protection must respect the conditions and limits of Article 88 GDPR

The Court of Justice of the European Union (CJEU) considered appropriate conditions that apply in respect of specific national legislation which EU member states may adopt under Article 88 GDPR to regulate the processing of...more

CJEU issues opinion in favour of allowing consumer organisations to bring representative actions against GDPR infringement

On 2 December 2021, the Court of Justice of the European Union (CJEU) published the Advocate General’s (AG) opinion in case C-319/20 (Facebook Ireland) (the AG Opinion) relating to the issue of whether Member State law may...more

German Court asks CJEU to clarify whether calculating consumer credit scores falls within the scope of automated decision-making...

On 25 October 2021, the Administrative Court of Wiesbaden (the Court) announced its decision, issued in early October, to submit two questions to the Court of Justice of the European Union (CJEU) regarding the scope of the...more

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