EU – Controllers and Processors: It’s all about Essential Means

The Article 29 Working Party recently published an Opinion on two of the key concepts under the Data Protection Directive – ‘data controller’ and ‘data processor’. Tanguy Van Overstraeten and Richard Cumbley explain that the distinction between the two has a number of practical implications including determining who is liable to comply with data protection law and whether processing clauses are required….

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Stuck in ‘Neutral’? Google, AdWords and the E-Commerce Directive Immunities

Lilian Edwards considers the foundation of the ‘immunity’ granted to information society service providers by the E-Commerce Directive. She asks whether the emphasis laid in the recent Attorney General’s Opinion in ‘the AdWords case’ on neutrality as a qualification for that immunity is justified….

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