On November 26, 2021, the Court of Justice of the EU (“CJEU”) held in Case C-102/20 that the display of advertising messages in an electronic inbox in a form similar to that of an actual email constitutes direct marketing, and therefore is subject to EU Member States’ rules on direct marketing (see press release here
Anna Sophia Oberschelp de Meneses is an associate in the Data Privacy and Cybersecurity Practice Group. Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker. Anna advises companies on European data protection law and helps clients coordinate international data protection law projects. She has obtained a certificate for "corporate data protection officer" by the German Association for Data Protection and Data Security ("Gesellschaft für Datenschutz und Datensicherheit e.V."). She is also Certified Information Privacy Professional Europe (CIPPE/EU) by the International Association of Privacy Professionals (IAPP). Anna also advises companies in the field of EU consumer law and has been closely tracking the developments in this area. Her extensive language skills allow her to monitor developments and help clients tackle EU Data Privacy, Cybersecurity and Consumer Law issues in various EU and ROW jurisdictions.
According to a leaked draft, on November 4, 2021, the Council of the European Union (“Council”) and the European Parliament (“Parliament”) agreed a number of amendments to the following three chapters of the draft ePrivacy Regulation, which will replace the ePrivacy Directive 2002/58/EC and has been pending since January 2017):
- Chapter III (End-Users’ Rights
On March 4, 2021, Brazil deposited with the United Nations its ratification of the Nagoya Protocol (“Protocol”) (see here the announcement of Brazil’s Ministry of Foreign Affairs). This represents Brazil’s formal commitment to be bound by the Protocol.
On August 6, 2020, the Brazilian Senate passed a Decree that ratifies the Nagoya Protocol. The Protocol complements Brazil’s existing access and benefit sharing rules relating to Brazil’s genetic heritage and associated traditional knowledge (“ABS Framework”). One important effect of this ratification is that other countries parties to the Protocol will have to ensure that users of Brazilian genetic heritage and associated traditional knowledge comply with the Brazilian ABS Framework. However, the inverse is also true. Brazil will need to ensure that Brazilian users of foreign genetic heritage and associated traditional knowledge comply with the access and benefit sharing regime of the country of origin.
For the European Union, data is a core priority for economic growth, whether to facilitate personalized medicine or autonomous vehicles. Between 2018 and 2025, the value of the data economy in Europe is projected to nearly triple, from €301 billion to €829 billion, and the number of data professionals is expected to nearly double. Given…