Privacy vs. business convenience: the Mousse judgment and the future of data protection in the EU

Abstract

The Mousse ruling represents a pivotal moment in EU data protection law, reinforcing strict limitations on personal data processing and clarifying the legal standards under the General Data Protection Regulation (GDPR). The Court of Justice of the European Union (CJEU) reaffirmed that data collection must be objectively indispensable for a specified legal basis, rejecting broad interpretations of contractual necessity and legitimate interest. Additionally, the ruling confirms that the right to object cannot retroactively justify unlawful data processing, thereby strengthening consumer rights and tightening compliance obligations for businesses. By aligning with important EU legislative initiatives, the ruling sets a robust precedent for future interpretations of data protection law, influencing regulatory enforcement, corporate practices, and the evolving digital economy. Additionally, the judgment highlights the broader role of personal data protection as a safeguard for digital citizenship, reinforcing the strict application of Article 8 CFREU in the face of increasing corporate data practices. This paper will analyse the Mousse ruling in detail, beginning with an overview of the facts of the case, followed by a discussion of the relevant legal framework and the findings of the Court. The analysis will then explore the ruling’s implications for EU law and policy, particularly in balancing fundamental rights with economic interests. The study concludes with a critical assessment of the ruling’s potential impact on future EU data protection jurisprudence and the broader digital economy.