The lead authority does not remove all powers from the other national authorities

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subornakhatun
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Joined: Wed Feb 22, 2023 4:27 am

The lead authority does not remove all powers from the other national authorities

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Europe is experiencing social dumping. She is also familiar with tax dumping. It also knew, under the influence of the old directive of 1995, a form of dumping linked to personal data. Where some countries showed themselves to be intransigent, others used all the margins of interpretation available to soften the legal framework in place. One of the objectives assigned to the European GDPR regulation was to put an end to these differences of opinion and/or national policy. Two of the key measures at this level: Harmonization via the text itself: in the case of a regulation and not a directive, the margin of the member states is mechanically reduced; Harmonization via the work of the authorities: the principle of the one-stop shop amounts, in essence, to entrusting the supervision of companies active in several countries to a single policeman : the authority of the main establishment called the “leader.

Can Belgium hit Facebook established in Ireland? The Facebook case submitted to the court of justice raises the question of the cursor: where to place the cursor between the powers of the lead authority and those of the national authorities of the countries in which the company concerned also has activities. Case in point: everyone knows that Facebook has Buy Bulk SMS Service operations across the whole of the European Union, and everyone knows that the company is established (for reasons that obviously have nothing to do with the many tax advantages offered) in Ireland. The Irish authority, which counts among its flock not only Facebook but dozens of global companies active in the monetization of the audience by the exploitation of personal offered by the Republic? History shows that, consciously or not, the Irish authority did not show an overflowing dynamism.

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This (has) prompted a number of authorities in other member states to open 'Facebook files'. Facebook did not fail to note the significant changes introduced at this level by the GDPR and to plead that since May 2018 (entry into force of the GDPR) these national authorities have no jurisdiction when there is, as in its case, a clearly designated leader. This is exactly what happened in Belgium, where the Belgian Privacy Commission decided to take legal action in 2015 before the Brussels Court of First Instance against wonders whether, for facts after the entry into force of the GDPR, the Belgian authority can act against Facebook Belgium insofar as it is the Irish company which is identified as the controller and that this comes under a clearly identified lead authority, namely the Irish authority.
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