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ARTICLE · 25 JULY 2023

Landmark Judgement From The CJEU For Online Operators Whose Business Model Is Based On Personalized Content And Advertisement

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On July 4, 2023, the highest EU court issued a landmark judgment in Case C-252/21, where the German court referred several questions for a preliminary ruling related to (i) the interplay between...

European UnionPrivacy
Charles Whiddington
Charles Whiddington
Anne-Gabrielle Haie
Anne-Gabrielle Haie
Zanda Romata
Zanda Romata

On July 4, 2023, the highest EU court issued a landmark judgment in Case C-252/21, where the German court referred several questions for a preliminary ruling related to (i) the interplay between data protection concerns and competition law breaches; and (ii) interpretation of the EU General Data Protection Regulation (GDPR). This judgment has far-reaching implications for online operators whose business model is based on personalized content and advertisement.

We highlight some of the main takeaways from the judgment below, namely:

  1. Relevance of data protection determinations in competition laws cases.
  2. Large interpretation of the notion of sensitive data and restrictive application of the "manifestly made public by the data subject" derogation within the meaning of Article 9 GDPR.

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