C029-22 SIA "Education systems, E-klase

Data Transfers
Case project
Filing DPA
SIA "Education systems, E-klase
Case status
Other Outcome
Filed: Closed: (2 years 2 months)

This is one of noyb 101 complaints which were filed after the "Schrems II" judgement in Summer 2020. The judgement invalidated the EU-US data transfer mechanism "Privacy Shield". The cases were generated based on implemented Google Analytics or Facebook tracking code on websites by EU providers, which leads to unlawful data transfers to the United States.

Дата Summary
Decison by Latvian DPA

DSB forwarded us the Latvian DPA's "decision" from June 2021(!) that they cease the procedure because controller stopped using GA. DSB treats this as decision under Art 60(7) by the Latvian DPA as LSA, although not in complainant's favour.
Unclear if there even has been a draft decision under Article 60 GDPR.
Will treat this as "dismissal/rejection" under Article 60(8) and might consider appeal to BVwG.

The DSB also lifted their decision to suspend the case before the DSB until the Latvian DPA as LSA has decided.

noyb speaks to DSB case manager

DSB does not have the decision by the Latvian DPA of June 2021. They have sent a request to the Latvian DPA but have not heard back yet.

noyb writes to DSB asking for decsion by the Latvian DPA

Was this a decision in the Article 60 procedure? If so, the decision should come from the DSB, as the decision was negative.

Update by Latvian DPA case apparently decided in June 2021

"Regarding the Education Systems/E-klase case, the Latvian SA made a decision in this case on 7 June 2021, by publishing the Final Decision. On 20 August 2021 they sent it to the Austrian SA. The Latvian SA concluded that the identified infringement of the GDPR had already been terminated by the controller, and the case was closed, based on the Report on the Inspection Findings."

noyb calls the Latvian DPA for update
DSB writes that they have asked the LSA for an update
noyb asks DSB for update
DSB informs us that the complaint continues to be under investigation

DSB informs us that the complaint continues to be under investigation and that it is being handled in close cooperation with other concerned DPAs in order to esure a uniform approach.

noyb asks DSB for update
DSB notifies us that the procedure is stayed until establishment of LSA