NJORD Legal Quarterly March 2022

On 8 July 2021, the CJEU delivered its judgment in the Rapidsped case (C-428/19) following a request for a preliminary ruling on the interpretation of Posted Workers Directive. The questions before the European Court of Justice included whether the Posted Workers Directive applies to international freight transport and whether daily allowances should be considered part of the drivers’ wages.

On 2 July 2021, ESMA and the EBA published their final updated guidelines on the assessment of the suitability of members of the governing body and persons with key functions under MiFID II. The guidelines entered into force on 31 December 2021

The Austrian Data Protection Agency, Datenschutzbehörde, has decided that the use of the Google Analytics tool was in breach of the data protection rules. The case stems from a complaint lodged by the "None of Your Business" (NOYB) organisation, which, in the wake of the Schrems II decision, has lodged 101 complaints with several European regulators against organisations using Google Analytics.

A long-standing dispute over Denmark's interpretation of EU cabotage rules has finally been settled. The European Commission has stated that Denmark's interpretation of the cabotage rules in relation to return pallets and other packaging does not comply with EU law.

On 1 January 2019, amendments to the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania entered into force. Following the implementation of the EU Directive, an obligation to provide data regarding the ultimate beneficial owners (after this – UBOs) for all legal entities was introduced by these amendments.

The Lithuanian Data Protection Authority has approved the standard contractual clauses for Data Processing Agreements under article 28 (8) of the EU General Data Protection Regulation (after this – the GDPR). These standard contractual clauses are to be used between data controllers and data processors (i.e., when a data controller engages a data processor to process personal data) or between data processors and sub-processors (i.e., when a data processor engages another sub-processor).