Transnational Training Workshop
Data Protection and Fundamental Rights: the New Paradigms for Judicial Practice

The Transnational Training Workshop will address the impact of general principles of EU law and of Article 47 CFREU upon data protection. By focusing on the ongoing judicial dialogue among national and European Courts and administrative authorities, the workshop is meant to enable training participants to thoroughly analyse the impact of principles of effectiveness, proportionality, dissuasiveness in data protection law, as well as practical examples of the simultaneous application of different fundamental rights involved in data protection cases (both with regard to the balancing of fundamental rights and to the joint application of them). Special attention will be devoted to the right to the protection of personal data (art 8 CFREU) and to the right to respect for private life (art 7 CFREU), and the right to an effective remedy (art 47 CFREU). Moreover, the complexity of the enforcement systems will be taken into account, looking at the necessity of coordination between the national and European level, as well as at the relationship between administrative and judicial enforcement.

The first session will address the use of corrective remedies, with a focus on the right to be delisted. National interpretations of the GDPR provisions regulating these remedies will be taken into account, especially in order to identify the role played by national constitutions and courts which interpret them (e.g. Constitutional Courts). Secondly, the workshop will discuss effective protection in cross-border infringements, with special attention to the coordination among data protection authorities and between them and courts.

Furthermore, the two training sessions will be followed by a discussion workshop devoted to the intersections between data and consumer protection taking into account the EU legislation and policy proposals, e.g. the Directive 2019/770 on digital contents and services.

The training event is intended for judges and lawyers from all over the EU. The objective is to enhance the mutual awareness of workshop participants regarding the judicial dialogue instruments which will ensure an effective protection in data protection cases and the interpretation of EU rules in the light of fundamental rights and of general principles of EU law. To this end, plenary sessions will be combined with interactive group sessions aimed at stimulating open discussion over hypothetical cases. Guidance on the project materials and how to contribute to their continuous development throughout FRICoRe will be also provided.

The content of this training event represents the view of the organizers and participants only and is under their sole responsibility. The European Commission does not accept any responsibility for use that may be made of the information it contains.

This workshop is funded by the European Union's Justice Programme (2014-2020).

Programme

Seminar