On 26th April, the General Court of the European Union (EGC), published its judgment in Case T-557/20, Single Resolution Board (SRB) v European Data Protection Supervisor (EDPS), in relation to the threshold between pseudonymous and anonymous data.

The EGC held that pseudonymised data transmitted to a data
Continue Reading Europe: EU General Court Clarifies When Pseudonymized Data is Considered Personal Data

On 4 May 2023, European Court of Justice (“CJEU”) delivered its judgment regarding the interpretation of Article 82 of the General Data Protection Regulation (“GDPR”). The CJEU held that mere infringement of the GDPR does not give rise to a right to compensation. However, there is no requirement for the non-material
Continue Reading Europe: CJEU holds that mere infringement of the GDPR does not give rise to a right to compensation

Authors: Verena Grentzenberg and Katja-Maria Harsdorf

On 20 April 2023, the Advocate General (“AG”), Nicholas Emiliou, published his Opinion in the case of FT v DW, (C-307/22). In particular, the AG took the view that Art. 12(5) and Art. 15(3) GDPR must be interpreted as requiring a data controller to provide the
Continue Reading Europe: Advocate General delivers Opinion on the right of access for purposes unrelated to data protection

Authors: Coran Darling and Rachel De Souza

On 29 March 2023, the UK Government (“Government”) published its long-awaited white paper (“Paper”), setting out the Government’s proposals to govern and regulate artificial Intelligence (“AI”). Headed “A Pro-Innovation Approach”, the Paper recognises the importance of building a framework that
Continue Reading UK: Information Commissioner publishes response to new AI White Paper

By John Magee, Emer McEntaggart, Eilis McDonald, Nicole Fitzpatrick, Sarah Dunne, David Brazil & Christopher Connell

The Data Protection Commission (DPC) has published its 2022 Annual Report, highlighting the DPC’s progress on (i) ongoing large-scale inquiries (in particular against social media platforms), (ii) defence of cross-border decisions, and (iii) increased interaction with
Continue Reading Ireland: DPC Produces “Significant Outputs” for 2022 Concluding 17 Large Scale Inquiries

Authors: Alex Moore (Associate, Auckland) and Nick Valentine (Partner, Auckland) 

On 30 March 2023, the Digital Identity Services Trust Framework Bill (the Bill) passed its third and final reading in New Zealand’s House of Representatives, with cross-party support. The Digital Identify Services Trust Framework Act will come into effect on 1 July 2024 (at the
Continue Reading New Zealand: Digital Identity Services Trust Framework Bill passes final reading

Authors: Luc Bigel and Hamza Akli 

On 24 January 2023, France’s Orientation and Programming Law (“LOPMI“) was enacted and published the next day in the Official Journal.

LOPMI introduces amendments to the insurability of losses and damages paid in response to cyber-attacks, including in relation to ransom payments – requiring that the payment
Continue Reading France: Changes to insurability of cyber losses

Authors: Carolyn Bigg, Amanda Ge, Venus Cheung, and Gwyneth To

It’s now the time to focus on the steps that data controllers need to take to legitimize overseas processing of China personal information via the CAC certification route.

Background: While most PRC data controllers should have already identified whether to follow the
Continue Reading CHINA: CBDT routes now all clear – Draft guidelines for CAC Certification route published

On 15th March 2023, the UK Information Commissioner’s Office (“ICO”) issued updated Guidance on Artificial Intelligence and Data Protection. The updated Guidance follows ‘requests from UK industry to clarify requirements for fairness in AI” and aims to support the UK government’s vision of a “pro-innovation approach to AI
Continue Reading UK: ICO issues updated Guidance on Artificial Intelligence and Data Protection