C029-69 Sky Deutschland

Data Transfers
Case project
Controller
Sky Deutschland
Case status
Pending (3 - 4 years)
Filed: (3 years 8 months ago)

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
13.02.2024
Information from VG Munich

VG München informs us that we can get access to the court file only in person and that the case file of the proceeding in front of the BLM is not at court since it is not foreseeable when a court date will be decided.

17.11.2023
Letter by BLM

Via a law firm: The BLM refuses to provide the data subject/noyb with the actual decision taken against Sky.

12.10.2023
German law firm announces their representation of the BLM

... and asks for an extension of the deadline to reply to the lawsuit.

31.07.2023
BLM lets us know that they will take more time to handle the case

... a problematic reaction after just having being sued for inactivity.

26.07.2023
Administrative Court Munich confirms receipt of lawsuit
05.07.2023
Inactivity lawsuit againt BLM

Requesting court to order BLM to take a decision.

03.05.2023
Bavarian DPA told us to stop asking for updates and that the complaint is still under investigation
25.04.2023
noyb asked for an update again
22.11.2022
Update by BLM

Procedure ongoing ... coordination with 101 task force.... no news

24.08.2022
BLM refuses access to case file

Following our submission of June 2022
Long explanation why they consider § 20 BayDSG to be in line with EU law.
Can only be challenged with final decision (§ 44a VwGO)

07.06.2022
noyb filed a reply asking the BLM to not apply national provisions denying access

noyb filed our reply, asking the BLM to not apply Art 20(2) BayDSG because violation of EU law (equivalence).

23.05.2022
BLM wrote us again denying access to the files

BLM wrote us (via postal letter), again denying access to the files (Art 20(2) BayDSG).

25.04.2022
noyb filed a submission

We filed our statement, including another request for access to the files

31.03.2022
BLM provided us with a summary of the statements by the controller and Meta

BLM provided us with a summary of the controller's and FIL's statement and gave us the opportunity to make a statement. No deadline set.

09.02.2022
BLM informed us that the decision will still take sime time due to high workload
09.11.2021
BLM informed us that investigations age ongoing

BLM informed us that investigations against FB are ongoing and that they are assessing FB's replies together with the other DPAs.

09.08.2021
BLM informed us that the complaint continues to be under investigation

BLM informed us that the complaint continues to be under investigation and that they still have not received the controller's statement (with trade secrets removed).

25.05.2021
BML replied that we wont get access to the files

BML replied that we won't get access to the files as not foreseen by local law; however, we will receive the controller's statement (with trade secrets removed).

10.05.2021
noyb asked for access to the case files

We responeded to BLM and problems with FB (mirroring argumentation in oe24). We also asked for access to the file.

10.05.2021
BLM replied

BLM informed us on the status and problems with FB and promised us Sky's Stellungnahme.

11.02.2021
BLM contacted us saying that they are waiting for the controllers statement and that they will keep us in the loop
16.11.2020
BLM confirmed to be the competent DPA

BLM confirmed to be the competent DPA for Sky Deutschland. However, cannot rule out that cross-border nature of proceedings may result in change of competence later on. Confirm they have receive no documents from addressed authorities in connection with the case.

29.10.2020
noyb asked for an update
14.10.2020
BLM stated that the complaint has been forwarded to Sky for their statement
07.09.2020
Bayern DPA wrote that the complaint has been forwarded to Media DPA of Bavaria

Bayern DPA wrote that the complaint has been forwarded to the competent Medienbeauftragter für den Datenschutz (BLM; there is an special DPA for media companies).

17.08.2020
Complaint