A much-anticipated Opinion from the European Data Protection Board (EDPB) on AI models and data protection has not resulted in the clear or definitive guidance that businesses operating in the EU had hoped for. The Opinion emphasises the need for case-by-case assessments to determine GDPR applicability, highlighting the importance of accountability and record-keeping
Continue Reading EU: EDPB Opinion on AI Provides Important Guidance though Many Questions Remain
The EU Data Act is one of the cornerstones of the EU’s Data Strategy and introduces a new and horizontal set of rules on data access and use to boost the EU’s data economy. Most of the provisions of the Data Act will become applicable as of 12 September 2025. To assist stakeholders in the
Continue Reading EU: Data Act Frequently Asked Questions answered by the EU CommissionDisclaimer: This article first appeared in the June 2024 issue of PLC Magazine, and is available at http://uk.practicallaw.com/resources/uk-publications/plc-magazine.
In order to capture the benefits of data-driven innovation, the EU and the UK are taking action to facilitate data sharing across various industries.
In the EU, the European Commission is investing €2
Continue Reading EU/UK: Data-Sharing Frameworks – A State of Play in the EU and the UKIntroduction
Identifiability; what can amount to personal data; and joint controllership are some of the issues addressed by the Court of Justice of the European Union (CJEU) in its recent judgment in the IAB Europe case (C-604/22). This case concerned the use of personal data for online advertising purposes and the use
Continue Reading CJEU ruling clarifies data protection and e-privacy issues in the ad-tech spaceOn 27 November 2023, the Council formally adopted the final version of the regulation on harmonised rules on fair access to and use of data (“Data Act”), after the European Parliament had adopted the Data Act earlier this month.
Drafted with the objective of fostering innovation and facilitating the sharing of data between
Continue Reading EU: EU formally adopts ‘Data Act’
The European Data Protection Board has published new guidelines (14 November 2023) on the scope of Article 5(3) of the e-Privacy Directive – i.e., the so-called ‘cookie rule’.
These guidelines apply a maximalist interpretation to the cookie rule, meaning that a wide variety of technologies other than traditional cookies are, in the opinion of the
Continue Reading EU: New EDPB guidelines on the scope of the ‘cookie rule’Authors: Heidi Waem, Muhammed Demircan, Nicolas Becker
On 29 September 2023, the Belgian Data Protection Authority (Belgian DPA) issued a decision imposing a reprimand on a public authority and its processor for various infringements of the GDPR, including the lack of a timely signed data processing agreement between the public authority – who
Continue Reading Belgian DPA decides on the (in)validity of retroactive data processing agreements
