Commercial law - IP/ICT-law news

Laga newsflashes

Overview of the latest commercial and IP/ICT law news

Valid consent for use of Cookies becomes more stringent

21 October 2019

In a recent judgment (C-673/17) of 1 October 2019, the Court of Justice of the European Union (CJEU) ruled that consent for the use of cookies obtained through a checkbox ticked by default (which the user must deselect to withhold consent) is not valid.

Is the end of judicial reorganisation through a court-supervised transfer in sight?

31 January 2019

With the Law of 11 August 2018, the Law on the Continuity of Enterprises (LCE) (and the Bankruptcy Law) were incorporated in Book XX of the Belgian Economic Code (BEC).

During this codification, the provisions regarding the ‘LCE 3’-procedure were taken verbatim in the new Book XX BEC.

The ‘LCE 3’-procedure is a judicial reorganisation through a transfer of an enterprise or (part) of its activity under court supervision.

This procedure allows interested buyers to ‘cherry pick’ employees from the enterprise in reorganisation, without the obligation to take over the complete workforce (former article 61, §4 LCE, current article XX.86, §3 BEC).

This procedure has come under increased scrutiny from the Court of Justice of the European Union (CJEU) and is looking to be officially on its last legs.

Google’s GDPR fine: relevant for all companies processing personal data

24 January 2019

The French Data Protection Authority (CNIL) imposed a EUR 50 Million fine on Google for violating GDPR rules. As this precedent is very much relevant for every company active in personal data processing, Laga aims to highlight specific action points in this regard.

On 21 January 2019, CNIL imposed the first significant administrative fine since GDPR’s entry into force on 25 May 2018. This noteworthy decision is not only important for multinationals operating with big data but applies to all personal data processing activities, since the violations relate to some of GDPR’s core principles; these are often misunderstood and incorrectly applied.

New EU rules on the free flow of non-personal data

21 January 2019

Data is an important asset for many companies. For this reason, several legal initiatives regulating data have recently been observed. As far as personal data is concerned, the GDPR is without a doubt still on top of our mind. However, those who work with non-personal data should now acknowledge the new and specific EU rules that have been issued.

On 14 November 2018, the European Parliament and Council have adopted regulation (EU) 2018/1807 (hereafter the “Regulation”) on the free flow of non-personal data. The Regulation will come into force across all EU Member States as of the end of May 2019. Companies operating with a business model based on non-personal data should examine the extent to which they can benefit from the Regulation or how it could affect their activities.

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