Worldwide: GDPR Updates: Year Two Commences With Regulatory Attention On The Adtech Industry And Additional Fines Imposed

Last Updated: 10 July 2019
Article by Dotan Hammer
Most Read Contributor in Israel, September 2019

Italy's privacy regulator imposes a million Euro fine on Facebook. Facebook's pre-GDPR data protection breaches in the context of the Cambridge Analytica fiasco have now attracted a million Euro fine imposed by the Italian privacy regulator. The Italian regulator found that Facebook had disclosed to the third-party "This Is Your Digital Life" app, personal data of 214,077 Italian users. These users had not been informed of the sharing of their data and had not given their consent to such sharing, in violation of Italy's pre-GDPR data protection law.

Although the data processed by the app was generally the basis for Cambridge Analytica's attempts to influence the U.S. presidential elections in 2016, the Italian regulator found that the data from these Italian users had not been transmitted to Cambridge Analytica. In determining the fine, the Italian regulator took into account the size of the database in question as well as Facebook's economic status and the number of its users both worldwide and in Italy. The Italian regulator also dismissed Facebook's arguments for a reduced fine of €52,000.

CLICK HERE to read the Italian privacy regulator's order against Facebook (in Italian).

ICO's Report on AdTech and Real Time Bidding. The UK's Information Commissioner's Office (ICO) has published a report criticizing companies that use online advertising technologies and real-time bidding. The report outlines the issues that require attention and outlines a six-month timescale after which the ICO will re-examine the matter.

In Real-Time Bidding, online ad placements ('impressions') are enabled through the auctioning of advertising space in real time, during the milliseconds a webpage takes to load on a user's browser. Through this process, the online behavioral data of ad-targeted users is shard with AdTech companies billions of times a day. The data shared can include user geo-location data, sexual orientation, religion, political opinions, and online habits, and this processing enables user behavioral profiling.

The ICO's report criticizes the wrongful reliance by AdTech companies on the GDPR's legitimate interests as a legal basis to legitimize this processing, without obtaining users' affirmative consent to this data processing. The ICO also found that privacy policies are not sufficiently clear on how personal data is handled in the Real-Time Bidding process and that companies neglect to conduct a Data Protection Impact Assessment (DPIA) before they engage in this form of processing, in violation of the GDPR.

CLICK HERE to read the ICO's report.

A Danish furniture company faces fine for over-retaining customers' personal data. The Danish Data Protection Authority has recommended imposing a €230,000 fine on IDdesign, a large Danish furniture company, that had processed personal data about 385,000 customers for a longer period than necessary for the purpose the data was collected, in violation of the GDPR's data minimization principle. In addition, the company did not set a retention data policy and did not comply with the accountability principle required by the GDPR.

CLICK HERE to read the official statement of the Danish regulator (in Danish).

Spanish Soccer League fined for spying on fans through its mobile app. The Spanish Data Protection Authority imposed a €250,000 fine on the Spanish Major Soccer League ('La Liga') after it found that the League had used its mobile app to spy on users through their smartphones' microphones, in order to help it determine whether bars had pirated soccer matches. La Liga's misconduct was found to be an infringement of the GDPR because it had to re-inform its users each time the app used the device's microphone, and not just by notifying of this practice upon download and initial installation of the app.

The regulator also held that La Liga must provide an option for users to withdraw their consent to this form of tracking, at any time, and not just seek the user's initial consent to this processing. La Liga indicated that it plans to appeal the regulator's decision, which is the largest fine imposed in Spain to date for GDPR violations.

The GDPR's first anniversary shows compliance is a challenge. The EU Commission has published two reviews marking the GDPR's first anniversary. According to the first survey, more than two-thirds of Europeans have heard about the GDPR, but just half of them understand the subject of the regulations. The three most-exercised rights are opting-out of direct marketing (24%), accessing the personal data (18%) and correcting it when it is inaccurate (16%). Only one of six data subjects read privacy policies completely, but every other person has attempted to change the default privacy setting on their social network profile.

The second report examined organizations' compliance with the GDPR. Some organizations indicated that the GDPR uses vague terms such as "high risk" to data subjects. Many organizations feel that the GDPR may adversely impact innovation, particularly due to the strict interpretation of the GDPR's requirement for automated decision-making without human involvement. Another concern raised is that the high demand for Data Protection Officers (DPOs) compared with their limited availability in the market, pushes organizations to appoint insufficiently qualified DPOs.

CLICK HERE to read the EU Commission's first survey on GDPR awareness.
CLICK HERE to read the EU Commission's report on GDPR compliance.

This article was published in the Internet, Cyber and Copyright Group's June 2019 Newsletter.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Epstein Rosenblum Maoz
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Epstein Rosenblum Maoz
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions