In order to help stakeholders apply the concepts of data protection law, which may sometimes be difficult to grasp, the European Data Protection Board (a European body composed of the representatives of the 27 national regulatory authorities) continued its work over the summer and in particular adopted two draft guidelines on 2 September:

  • the first relates to “the concepts of controller and processor in the GDPR“; the EDPB acknowledges that these notions, as well as that of joint controller, play a crucial role in the application of the Regulation as they determine who will be required to comply with the various data protection obligations.

Provide your feedback : Guidelines 07/2020 on the concepts of controller and processor in the GDPR

  • the second relates to the “targeting of social media users“, the EDPB having underlined the exponential development of such online media over the last decade and noted that “the combination and analysis of data originating from different sources, together with the potentially sensitive nature of personal data processed in the context of social media, creates risks to the fundamental rights and freedoms of individuals“.

Provide your feedback : Guidelines 08/2020 on the targeting of social media users 

Careful to implicate stakeholders as much as possible in the adoption of a final version of these guidelines, the EDPB has opened them for feedback; comments must be submitted on 19 October 2020 at the latest. Contributing to this public consultation is the ideal occasion to influence the choices of interpretation made by the EDPB, by promoting a pragmatic approach valued by economic players.


Isabelle GAVANON

Partner - IT contracts
Isabelle Gavanon assists and helps her clients to manage the legal risks associated with digital transition projects thanks to contractual techniques (IT implementations and projects, electronic communications, internet …) and the optimization of data, information and data status creations (RGPD compliance, open data, electronic evidence, digital identity, databases / copyright and counterfeiting, etc.). Strong litigation activity completes this consulting practice.

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Valentin LE MAREC

Associate - Information Technologies & Intellectual Property
Valentin Le Marec is a lawyer at the Paris Bar and has been working at Delcade alongside Isabelle Gavanon since April 2019 ; his main areas of expertise are Information Technologies and Intellectual Property.
He assists in clients in all projects related to their digital transformation, whether in terms of data protection (GDPR compliance, Internet cookies, pre-litigation and litigation with the supervisory authority), industrial property (trademarks, softwares) or innovatives technologies (blockchain, AI, electronic signatures).

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