General Data Protection Regulation

Authors: Denise Lebeau-Marianna, Divya Shanmugathas and Lucie Dubecq-Princeteau

On 15 March 2023, the French Supervisory Authority (the “CNIL”) unveiled in a post its four key priorities regarding its upcoming investigations for 2023 targeting specific sectors (I), to which it added another topic related to DPO in line with the coordinated enforcement framework of

Continue Reading France: the CNIL has released its annual dawn raid Program for 2023: four national priorities and one priority coming from the EDPB!

Authors: Andreas Rüdiger, Philipp Adelberg

 On 14 February 2023, the European Data Protection Board (“EDPB”) published the updated and final version of its Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR (EDPB Guidelines 05/2021).
Continue Reading EU: Final version of the EDPB-Guidelines 05/2021 on the Interplay between the application of Art. 3 and the provisions on international transfers as per Chapter V of the GDPR

Authors: Carolyn Bigg, Yue Lin Lee and Daisy Wong

Singapore’s Personal Data Protection Commission (“PDPC”) has issued its first decision on the Legitimate Interests Exception under the PDPA.

While the PDPA remains largely a consent-based regime, the Legitimate Interests Exception is one of the exceptions from consent available under the PDPA.

This RedMart
Continue Reading SINGAPORE: First decision on the Legitimate Interest Exception under the Personal Data Protection Act (PDPA) issued

Authors: Andreas Rüdiger, Philipp Adelberg

The debate on transatlantic data transfers, a possible adequacy decision for the US and the EU-US Data Privacy Framework (“DPF“) is gaining new momentum. On 14 February 2023, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs published its draft motion for a resolution regarding
Continue Reading EU – US adequacy decision: Update

Authors: Sarah Birkett, Nicholas Boyle

The Australian Attorney-General has published the (long-awaited) results of the Privacy Act review.

The report recommends a number of changes to the Australian privacy framework, including various changes to Australia’s core privacy legislation, the Privacy Act 1988 (Cth).

The report does not represent official Government policy and there is
Continue Reading Australia Privacy Act review – a blueprint for change?

Author: James Clark

On 19 December 2022 the UK government’s first data adequacy decision of the post-Brexit era came into effect. Under the Data Protection (Adequacy) (Republic of Korea) Regulations 2022, the UK formally determined that the Republic of Korea provides an adequate level of data protection for the purposes of the UK GDPR. Consequently,
Continue Reading UK: Data adequacy post-Brexit – the UK’s first ‘data bridge’

Authors: Ewa Kurowska-Tober, Andrew Serwin, John Magee and Madison Swoy

A trio of forthcoming decisions against tech giant Meta may signal the end for Meta’s targeted ads model, though the issue is likely to rumble on for some time.

For many years, Meta has relied on contractual necessity (Article 6(1)(b) of the GDPR)
Continue Reading End of Meta’s targeted ads model?

Authors: Jules Toynton, Coran Darling

Data is often the fuel that powers AI used by organisations. It tailors search parameters, spots behavioural trends, and predicts future possible outcomes (to highlight a just a few uses). In response, many of these organisations seek to accumulate and use as much data as possible, in order to
Continue Reading Keeping an ‘AI’ on your data: UK data regulator recommends lawful methods of using personal information and artificial intelligence

Authors: Coran Darling, James Clark

In its proposed AI Regulation (“AI Act”), the EU recognises AI as one of the most important technologies of the 21st century. It is often forgotten, however, that AI is not one specific type of technology. Instead, it is an umbrella term for a range of

Continue Reading EUROPE: Data protection regulators publish myth-busting guidance on machine learning

Authors: Carolyn Bigg, Yue Lin Lee

The provision setting out significantly higher financial penalties for Singapore’s Personal Data Protection Act 2012 (“PDPA”) is now in force.

There is now an increased risk for organisations contravening the PDPA in Singapore.

This means that in relation to any intentional or negligent contravention of:

  1. the data

Continue Reading SINGAPORE: Increased financial penalties under the PDPA now in effect