Adobe's Fate on Tracking Cookies Remains Uncertain
By Netvora Tech News
A court ruling in the case brought by Stichting Data Bescherming Nederland (SDBN) against software giant Adobe is still pending. The SDBN launched a mass claim against Adobe's Experience Cloud, a platform that enables companies to create profiles of internet users. According to SDBN, Adobe collects an enormous amount of data from websites and apps in an illegal manner, profiling almost every Dutch internet user. Adobe claims that the allegations are based on a misunderstanding of its technology and its role in the process.
The Legal Battle
SDBN is seeking to force Adobe to stop collecting personal data illegally, pay damages to seven million Dutch citizens, and destroy illegally collected data. Anyone who joins the mass claim will not have to pay any costs, as a professional process financier will cover the expenses in exchange for a payment if the claim is successful.
Adobe's Defense
Adobe argues that SDBN cannot bring these claims, citing the General Data Protection Regulation (GDPR). The company claims that SDBN does not have permission from all the people it is representing to seek damages. The court in Rotterdam has yet to rule on this matter, stating that it must first determine whether SDBN is entitled to bring the claims before making a substantive ruling.
Awaiting European Court Guidance
The Rotterdam court is waiting for guidance from the European Court of Justice (ECJ) on this matter. In another case against Amazon, the court has announced that it will ask the ECJ to clarify the rules on data collection. The court is unlikely to make a decision until the ECJ responds to these questions, which could take around 18 months.
It is currently unclear when a final decision will be made in the case. If the ECJ provides guidance, it will likely take several months for the court to make a ruling.
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