Data protection and ePrivacy

This subtopic contains an overview of the EU data protection and cybersecurity regulatory framework. It is aimed both at lawyers who need a high level overview of the legal framework and key knowledge in this area, and who may not be specialised in data protection, and at the more experienced data protection and ePrivacy practitioner looking for in-depth practical guidance on particular issues.

Data protection

Data protection law in the EEA, ie the EU and Iceland, Norway, and Liechtenstein is intended to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To this end, data protection laws impose a large number of obligations on those ‘processing’ personal data (and on controllers of such processing) and grant rights to those whose personal data is processed (the ‘data subjects’). In summary, ‘processing’ includes doing almost anything with personal data, including storing, sharing, deleting or using it.

This part of the subtopic addresses Irish and EU data protection law, which is primarily governed by the EU General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR), which is given further effect in Ireland by the

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General Court dismisses Amazon’s Challenge to VLOP designation (Amazon EU v Commission)

EU Law analysis: In its judgment of 19 November 2025 in Case T-367/23, the General Court of the European Union dismissed the action brought by Amazon EU Sàrl (Amazon) against its classification by the European Commission (Commission) as a so-called ‘Very Large Online Platform’ (VLOP) under Article 33(1) of Regulation (EU) 2022/2065 (EU Digital Services Act or EU DSA). Notably, Amazon does not call into question the correctness of the figure of 45 million monthly active users within the EU to qualify as a VLOP. The meeting of this threshold is out of dispute. Rather, Amazon takes the position that Article 33(1) DSA is unlawful in so far as that provision makes certain marketplaces subject to the obligations laid down in Articles 34 to 43 DSA. In particular, Amazon puts forward an infringement of the freedom to conduct its business, its right to property, the principle of equal treatment, the freedom of expression and of information and the protection of confidential information. All these rights are enshrined in the Charter of Fundamental Rights of the European Union (the Charter). The General Court considered all these rights on an individual basis, confirmed for most of them an interference, but at the same time emphasized that none of these rights is of absolute character. The court therefore engaged in analysing whether the specific interference could be justified. Ultimately, the judges reached the conclusion that in the case of Amazon the obligations imposed by the EU DSA are within proportion and therefore justifiable. Written by Dr Nils Rauer MJI, partner, Global Co-Lead Artificial Intelligence & head of German Intellectual Property at Pinsent Masons.

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