C029-22 SIA "Education systems, E-klase

Data Transfers

Case project

Data Transfers

Filing DPA

DSB (Austria)

Controller

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.

Protocol

Date Summary
08.11.2022
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.

07.09.2022
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.

16.08.2022
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.

04.08.2022
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."

29.07.2022
noyb calls the Latvian DPA for update
04.03.2022
DSB writes that they have asked the LSA for an update
17.02.2022
noyb asks DSB for update
03.08.2021
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.

09.07.2021
noyb asks DSB for update
22.09.2020
DSB notifies us that the procedure is stayed until establishment of LSA
17.08.2020
Complaint