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Daily Dashboard | CJEU advocate general issues opinion on Facebook-Belgian DPA case Related reading: Reducing risks and valuing compliance with the European Data Protection Seal under the GDPR 

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The Advocate General of the Court of Justice of the European Union issued its opinion on the case between Facebook and Belgium's Data Protection Authority. The advocate general determined the one-stop shop mechanism under the EU General Data Protection Regulation does not prevent regulatory authorities from bringing proceedings before a national judge as long as the issue falls under the GDPR. The case will now move to the Court of Justice of the European Union.
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  • comment Robert Baugh • Jun 14, 2021
    I don't think that's a fair summary of the AG's Opinion... it's a short paragraph so it's hard to summarise, but my reading is that the Opinion is 100% unsurprising - the AG is saying the LSA has competence in cross-border processing and the other concerned SAs (SACs) only have competence in the very limited areas set out in the GDPR, including if the LSA declines.
    
    What is surprising is the focus on GDPR for dropping cookies - particularly given the CNIL decision against Amazon and Google in December 2019.  Cookies are the realm of the e-Privacy Directive, which states that national DPAs have competence.  The CNIL decision partly rested on the French implementing law.  There's nothing in the reference nor in the AG's Opinion about this, apart from the AG noting the reference isn't entirely understandable but is shy of being capable of rejected.
    
    A review of the original cases is needed to see why the Belgian DPA didn't follow the reasoning of CNIL's decision to claim jurisdiction - eg Google USA was held to be the seat of decisions on cookies in that case - was there consideration of those matter re Facebook USA?