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Showing content with the highest reputation on 07/03/24 in all areas

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    Staff

    ANSWERED No Servers in France ?

    Hello! We have no plans to operate VPN servers in France (and in Italy) for the mandatory data retention framework still enforced in disdain of three different legally binding decisions of the CJEU (see below). France is in breach and Italy is too, but the Commission hesitates to open infraction procedures. Since the decisions pertain to the the preservation of a fundamental human right enshrined in the EU Charter of Fundamental Rights and in the European Convention on Human Rights, it does not seem inappropriate to consider that both France and Italy are committing one of the worst breaches a EU Member State can be guilty of. We might challenge with a casus belli the (il)legal framework in France, but we are already committed in other EU countries and we can't open potentially multiple legal battle fronts. The Court of Justice declares the Data Retention Directive to be invalid https://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf The Members States may not impose a general obligation to retain data on providers of electronic communications services https://curia.europa.eu/jcms/upload/docs/application/pdf/2016-12/cp160145en.pdf The Court of Justice confirms that EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-10/cp200123en.pdf Kind regards
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