EU Equality and Labor Law Quiz

Introduction to Data Protection and the GDPR

• Privacy vs. Data Protection: Privacy protects individuals' private lives, rooted in human rights frameworks like the ECHR. Data protection regulates personal data processing, ensuring control over data use.

• Historical Development of Privacy Rights: International milestones include the UDHR (1948) and ECHR (1950), recognizing privacy as a fundamental right. Evolution in Europe addressed privacy in the context of rebuilding a fair, democratic society.

• Technological Advancements and Privacy: Technology improves efficiency, communication, and societal productivity, but increases data collection and processing capacity. "Informational privacy" is a concept emphasizing individual control over personal data.

• Evolution of Data Protection Laws: Early laws (1970s) addressed misuse of personal information by public authorities and corporations. The EU recognized data protection as a fundamental right (TFEU, Charter of Fundamental Rights).

• EU Data Protection Laws: Key Milestones: The 1995 Data Protection Directive aimed for EU-wide uniformity but lacked consistency and enforcement due to implementation variations and rapid technological change. The 2016 GDPR replaced and strengthened the directive, harmonizing data protection across member states.

• GDPR: Core Elements: The GDPR defines "personal data" as any identifiable information relating to an individual. "Processing" includes operations like collection, storage, and erasure of data. "Controller" determines the processing purpose and method; "processor" handles data on behalf of the controller. 

• Consent (Article 4): Consent requirements are freely given, specific, informed, and unambiguous, via clear affirmative action (opt-in); data subjects can withdraw consent.

• Territorial Scope (Article 3): Applicable to EU controllers and processors regardless of data processing location, including non-EU entities offering goods/services to EU citizens or monitoring their actions.

• Material Scope (Article 2): The GDPR covers automated and structured manual data processing systems but excludes personal and household activities or public security/criminal law-related processing.

• Principles of Data Processing (Article 5): Lawfulness, fairness, and transparency ensure ethical data handling. Data must be limited to specific, legitimate purposes, minimized in quantity, accurate, limited in storage duration, secure in integrity and confidentiality; and under accountability by controllers.

GDPR Principles & Rights of Data Subjects

• Principles of Data Processing: The GDPR requires all data processing to adhere to fairness, transparency, and security principles.

• Lawfulness, Fairness, and Transparency: Processing is lawful only if one of six conditions applies: Consent, contractual necessity, legal obligation, vital interests, public interest, or legitimate interests (balanced against data subject rights). Fairness involves avoiding negative surprises; transparency requires clear communication of processing activities.

• Purpose Limitation: Data must be collected for explicit, legitimate purposes; further processing for compatible purposes is acceptable without new consent (based on compatibility factors and appropriate safeguards).

• Data Minimization: Collect only necessary data, implementing privacy-enhancing techniques like pseudonymization to mitigate identification risk.  A proportionality test balances the processing purpose against potential impact on the data subject's rights.

• Accuracy: Ensure data accuracy and up-to-date; rectify mistakes promptly and verify data regularly or periodically.

• Storage Limitation: Retain data only as long as needed for its purpose; erase or anonymize data after use. Anonymization removes identifiers, while pseudonymization masks them but allows re-identification.

• Integrity and Confidentiality: Protect data from unauthorized access, loss, or breaches through technical measures (e.g., encryption) and organizational policies (e.g., staff training). 

• Accountability: Controllers are responsible for implementing and demonstrating compliance through records of processing activities and regular audits. 

• Rights of Data Subjects: The GDPR strengthens data subject rights, enabling control over personal information.

• Right to be Informed: Controllers must provide detailed information about data processing, including identity, purpose, recipients, retention periods, and data subject rights.

• Right of Access: Allows data subjects to request confirmation of data processing, a copy of personal data, details about processing purposes and recipients, and retention periods, and rights to rectification, erasure, or objection.

• Right to Rectification: Subjects can correct inaccurate data.

• Right to Erasure (“Right to Be Forgotten”): Data erasure when no longer needed, consent is withdrawn, processing is unlawful, or subject objects without overriding grounds preventing erasure.

• Right to Restrict Processing: Subjects can restrict processing if data accuracy is disputed, processing is unlawful but erasure is opposed, or data is needed for legal claims.

• Right to Object: Subjects can object to processing primarily based on legitimate interests (e.g., direct marketing) or when processing is performed in the public interest.

• Pseudonymization vs. Anonymization: Pseudonymization masks data for re-identification with further information, while anonymization removes all identifiers permanently.

International Data Transfers and Enforcement Mechanisms

• International Transfer of Personal Data: Data transfer within the EU/EEA is free, but transfers to third countries require compliance through adequacy decisions or appropriate safeguards (e.g., SCCs, BCRs).

• Adequacy Decisions: The European Commission evaluates whether a third country provides an adequate level of data protection equivalent to EU standards. 

• Appropriate Safeguards: If no adequacy decision exists, data exporters use safeguards like Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs).

• Schrems Saga: Key cases, Schrems I and II, invalidated the Safe Harbour and EU-US Privacy Shield frameworks due to insufficient safeguards against US surveillance.

• GDPR Enforcement Mechanisms: Supervisory authorities monitor GDPR compliance, investigate complaints, conduct audits, and impose fines.

• Data Subject Rights: Individuals can file complaints with supervisory authorities; rights to judicial remedy and compensation for GDPR violations exist.

• Sanctions (Article 83 GDPR): Enforcement includes significant fines (up to €20 million or 4% global turnover) based on factors including the gravity of the infringement, duration, number of affected subjects, and cooperation during investigations.

• Supervisory Authorities: Independent bodies in each member state responsible for investigations, enforcement, and imposing fines and corrective actions.

EU Equality Law

• Development and Sources of EU Equality Law: Started with equal pay for men and women (Article 119 EEC/ 157 TFEU), expanded through the Amsterdam Treaty (Article 19 TFEU), and the Charter of Fundamental Rights.

• Article 157 TFEU: Directly effective, ensuring equal pay for work of equal value (includes severance, travel, and pension provisions).

• Equality Beyond Gender: Article 19 TFEU combats discrimination based on race, religion, disability, age, and sexual orientation.

• Common Concepts and Tests for Discrimination: EU law recognizes direct and indirect discrimination, harassment, and instructions to discriminate; it considers justifications (e.g., genuine occupational requirements).

• Types of Discrimination: Direct discrimination treats someone differently because of a protected characteristic; Indirect discrimination uses neutral provisions that disadvantage people with protected characteristics. Harassment and instructions to discriminate are also prohibited.

• Tools for Assessing Discrimination: The three-step process for discrimination analysis involves confirming if the case involves discrimination, determining if direct or indirect discrimination has occurred, and evaluating if the treatment can be justified.

• Burden of Proof: The claimant initially demonstrates discrimination; the respondent proves that no violation occurred.

EU Labour Law – Working Time and Workers’ Rights in Restructuring Processes

• Working Time Regulation: The Working Time Directive (2003/88/EC) sets maximum working hours, rest periods, and paid leave; it aims to improve worker safety and health. Key provisions include daily/weekly rest, maximum weekly hours, and minimum annual leave.

• Collective Redundancies Directive (98/59/EC): Protects employees during redundancies; Employers must consult worker representatives. Public notification of redundancies (number of workers, reasons) are required.

• Transfers of Undertakings Directive (2001/23/EC): Ensures employee rights transfer with corporate ownership changes. Consultations are required, and dismissals must be justified on economic, technical, or organizational grounds unrelated to employee identity.

• Insolvency Directive (2008/94/EC): Guarantees minimum protection for employees during employer insolvency, covering outstanding wages/contributions and ensuring contributions are paid. Cross-border insolvency cases determine which state’s regulations apply.

• Emerging Issues: Digitalization, platform work, and work-life balance impact workers' rights requiring adjustments to existing regulations. Psychosocial risks (mental health in the workplace) are also emerging as concerns.