C037-10148 MTV Oy

No OSS, website only in Finnish, forwarded to Traficom for ePrivacy investigation

Still open with Finnish DPA

Case is still pending with the Finnish Traficom

When can an answer from Traficom be expected and will the Finnish DPA then investigate any subsequent processing that falls under the GDPR

Case is currently handled by Traficom (ePrivacy authority). Case is closed at the Finnish DPA for the time being.

In all cases personal data within the meaning of the GDPR was unlawfully processed. We consider that the DPA is competent for GDPR violations and unlawful data processing. Even though Traficom is the compentent authority for the enforcement of the national implementation of Article 5(3) ePrivacy Directive, the complaints filed do both formally and materially refer to violations of both the GDPR and the national ePrivacy legislation. We asked the DPA to investigate under the GDPR, too.

They will proceed with the complaints C-037-10148 (MTV Oy) and C-037-11834 (Fox Networks Group Oy) once Traficom has issued its decisions on these matters. According to the DPA, the remaining eight complaints concern matters related to the interpretation of the so called "cookie consent", and therefore they would appear to fall within the jurisdiction of Traficom.

But MTV Oy C-037-10148, and Fox Networks Group Oy, C-037-11834 will also be investigated by the Ombudsman due to type H violation.

Finnish SA sent the complaint to the TelCo Authority. The SA will later on assess the violation type H.

DSB is suspending the proceedings to confirm the LSA. 4 weeks to appeal this decision.