Thierry GranturcoAvocat à la Cour - Barreaux de Paris & de Bruxelles

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Nouvelles technologies

Cloud Computing and data transfers outside the EU

If Cloud computing represents a major shift for IT services and offers many advantages, among which the pooling of hosting and operating costs, it is also a source of new risks, especially as regards security issues, provider qualification, applicable law and transfer of data outside the EU. However, many national …

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Data exchange between Member States

The principle of information exchange between Member States to allow cross-border prosecution of violators of certain traffic offences is not questioned. The focus of the ruling of 6 May 2014 is elsewhere. It repeals Directive 2011/82/EU, which contains the tool, on the grounds that it falls not so much under …

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Invalidation of Directive from 15 March 2006 on data protection

Preliminary rulings, made by the High Court (Ireland) and the Verfassungsgerichtshof (Austria), on the validity of the European Parliament and Council Directive 2006/24/EC of 15 March 2006 on the retention of data generated or processed in connection with the provision of services available to the public or of public communication …

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Necessary independence of personal data national control authorities

Hungary, being blamed as the worst pupil of the European Union on protection of fundamental rights, in this case was condemned for failure by the European Court for infringement of Directive 95/46/EC on the protection of individuals with regard to processing of personal data and on the free circulation of …

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Use of Tachograph and data privacy in France

The use of a tachograph being an obligation criminally sanctioned, the lack of declaration to the French National Commission for Information and Liberties (NCIL) of this personal data collection system does not make the information collected an illicit body of evidence regarding the actions of employees.

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Do leisure trucks need to be equiped with tachograph ?

This judgment is good news for heavy goods vehicles owners used for non-professional purposes: tachographs, recording disks or drivers licences which were rendered mandatory by regulation (EC) No° 561/2006 EC (EP and Council regulation (EC) no° 561/2006, 15th March 2006) do not apply for drivers carrying out goods transport by …

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Access to personal data and fee to be paid

This judgment will interest all national authorities responsible for road traffic and transport who collect user data in order to award certificates, licenses and other mandatory documents. The Dutch Court of Appeal (Gerechtshof te’s-Hertogenbosch) asked the Court of Justice for an interpretation on directive 95/46/EC of 24th Oct. 1995 relative …

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Regulation on working conditions versus data privacy in Portugal

Portuguese legislation obliges employers to keep a registry of work times on their employees, and to render it available in a room, so that they may be consulted at any time. The Worten firm was the subject of a report for failing to provide this access during an inspection by …

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Localization of professional drivers by GPS versus data privacy

« Do not permanently have your employer on your back » is often one of the benefits of their profession that is relied on by drivers. New technologies, including in vehicle computer facilities, call into question the veracity of this statement and tend to be relegated to the ranks of illusion. These …

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