It is rare for two Advocates General of the European Court of Justice to differ on the interpretation of a fundamental legal act of the European Union (EU). This is what recently occurred with regard to the General Data Protection Regulation (GDPR). In his Opinion of 20 September 2022 (Case C-252/21, Meta Platforms, Inc and Others v Bundeskartellamt), Advocate General Rantos interprets the legal bases provision of Article 6(1) GDPR in the sense that the bases of lit b) and lit f) should be given as narrow a scope as possible in order to provide the widest possible scope of application to the basis of consent under lit a) (paras 53-65). His understanding of Article 6(1) GDPR aims to strengthen the possibility for data subjects to control ‘their’ data … (more)
[Martin Nettesheim, Verfassungsblog, 18 October 2022]
Leave a Reply