C029-44 netdoktor.at GmbH

Data Transfers
Case project
Controller
netdoktor.at GmbH
Case status
Pending (3 - 4 years)
Filed: Closed: (2 years 7 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
05.12.2023
DSB dismisses remaining part of complaint against Google LLC

According to the DSB, the requirement od Google LLC to comply with U.S. surveillance law, does not lead to a violation within the meaning of Article 28(10) GDPR.

28.08.2023
VwGH provides us with the DSB documents
22.08.2023
VwGH orders DSB to provide documents
18.08.2023
requesting access to case files VwGH

Regards a submission by the DSB we have not been provided with.

03.08.2023
reply DSB and Google to our appeal and reply DSB to Googles appeal

Same arguments as before. VwGH will now need to decide.

31.07.2023
Reply to Googles Appeal
28.06.2023
BVwG sends us appeal by Google
27.06.2023
appeal to supreme administrative court
16.05.2023
BVwG provides written decision
11.04.2023
Request for written decision
31.03.2023
Oral hearing at BVwG and decision by BVwG

upholding DSB decision

30.03.2023
statement by Google
29.03.2023
statement by noyb
23.03.2023
BVwG asks for our statement on further submission and docs by Google
09.02.2023
Phone call with BVwG judge

on progress of the case and if there will be an oral hearing

16.01.2023
extension of submission deadline for Google
13.01.2023
statement by noyb on docs provided by BVwG
12.01.2023
3 month deadline for BVwG set by Supreme Administrative Court
30.12.2022
BVwG provdides us with Googles appeal
02.12.2022
Fristsetzungsantrag an VwGH
17.11.2022
Phone Call with BVwG

noyb called BVwG. Our appeal reached them on 01.03.2022. No info, when decision will be made.

13.07.2022
noyb spoke to the BVwG on the phone

noyb spoke to the BVwG on the phone. Both our appeal and Google LLC's appeal are with the same judge, Bernhard Schildberger. Case no. for our appeal is W 245 2252 208-1. Case no. for Google LLC's appeal is W 245 225 2221-1.

27.04.2022
Phone Call with BVwG

Merging of appeals by both parties.

01.03.2022
DSB notified us that our appeal has been forwarded to the BVwG

DSB notified us that our appeal has been forwarded to the BVwG and that Google LLC also has appealed the decision; their appeal has been forwarded to the BVwG as well.

07.02.2022
We filed an appeal against the dismissal re Google LLC
20.01.2022
DSB informed us of a change of controllership and DPA competence

DSB informed us that regarding potential measures against Netdoktor, the case has been passed on to the Bayerisches Landesamt für Datenschutzaufsicht.

12.01.2022
DSB decision

DSB issued its decision, upholding our complaint against the website provider but not against Google LLC, because the data importer is not subject to the rules of Chapter V GDPR in the DSB's view.

09.07.2021
noyb sends submission in reply
28.06.2021
DSB sent us the two statements by Netdoktor as they have not been included in their previous message
24.06.2021
DSB provided us with another two statements by Netdoktor

DSB provided us with another two statements by Netdoktor. As one of the statements was not included, noyb asked the DSB to send it again.

14.06.2021
DSB extended the deadline

DSB extended the deadline to 09/07/2021.

11.06.2021
DSB provided us with Google LLCs reply

DSB provided us with Google LLCs reply. 2 Weeks deadline for us to reply. noyb asked for a 2 weeks extension of the deadline.

06.05.2021
DSB provided us with a submission by Netdoktor

DSB provided us with a submission by Netdoktor re Google LLC's reply (just for our information).

05.05.2021
noyb submitted reply on Googles reply
30.04.2021
noyb spoke to the DSB case manager

noyb spoke to the DSB case manager on the phone regarding the scope of the complaint. DSB confirmed our view that they are probably competent for Google LLC, as Google Ireland Ltd is not involved.

14.04.2021
DSB sent us Googles reply and gave us 3 weeks to reply
26.02.2021
DSB informed us that they have asked Google for a statement

DSB informed us that they have asked Google for a statement on the use of Google Analytics. Deadline for Google is 3 weeks.

22.01.2021

Reply noyb

21.12.2020
DSB sent us Netdoktors reply and gave us 5 weeks to reply
06.10.2020
DSB stayed procedure until LSA is established and has decided
18.08.2020
Complaint