The European Court of Justice held on October 16, 2012 that Austria’s data protection authority is not sufficiently independent, and therefore fails to comply with the requirements of the European data protection directive. The Court found that Austria’s DPA has too many links to the Austrian Federal Chancellery and that the EU Data Protection Directive’s requirement of “complete independence” is violated.
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Article 29 Working Party Guidelines on Consent will Lead to More Pop-ups
Article 29 WP has issued guidelines in which it recommends separate pop-ups and affirmative “check the box” consent options. Consent clauses buried in terms of use are not specific enough to meet European requirements, according to tthe guidelines. Consent requires an affirmative ‘click’ by the consumer. Browser settings alone may not be sufficient, which raises questions under new EU cookie regulations. Details are contained in this blog posting.