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Our top-eleven European dataprotection developments for the end of 2024 are: EU Cyber Resilience Act: The Council of the European Union approved the Cyber Resilience Act , introducing cybersecurity requirements for digital products sold in the EU. This includes products such as software, webcams and smart TVs.
Every day, more and more companies face the problem of personal dataprotection. As companies are increasingly scrutinised for proper dataprotection, it’s worth paying close attention to the latest best practices to avoid dealing with the potential negative consequences of a data breach.
They are responsible for overseeing an organizations dataprotection measures, risk management strategies, overall security infrastructure, among other critical responsibilities. District Court for the Southern District of New York suggests that CISOs might be outside of point-blank range.
On April 26, 2023, the General Court of the European Union issued its judgment in Case T-557/20, SRB v EDPS. The Court held that pseudonymized data transmitted to a data recipient will not be considered personal data if the data recipient does not have the means to re-identify the data subjects.
state to mandate that attorneys take continuing legal education courses in cybersecurity, privacy and dataprotection. New York has become the first U.S. The order creates two types of cybersecurity training, one focused on ethics and the other on practice.
The AEPD held that a DPO cannot hold a position that leads them to determine the purposes and means of data processing. These developments, and more, covered below.
The Summer 2023 Edition of the quarterly IT & DataProtection Newsletter by Reed Smith Germany has just been released: English version German version This edition covers the following topics: New adequacy decision for EU-U.S. We also included an overview over the 2023 annual reports of the German dataprotection authorities.
On December 7, 2023 Wolters Kluwer released the following announcement : Legal & Regulatory division continues to redefine the landscape for legal professionals Wolters Kluwer Legal & Regulatory (LR) today announced an innovative feature for legal professionals: Generative Pre-training Transformer (GPT)-generated summaries of court rulings.
Key takeaways this April include: UK children’s dataprotection focus continues: Businesses may wish to review policies and procedures for dealing with children’s data in light of recent UK ICO fines and guidance, especially to ensure that terms of use are adequately enforced. 22, as set out by the court.
Dataprotection & AI: In particular: (i) the French CNIL published its first set of guidance on GDPR compliance when developing AI tools; and (ii) the UK ICO issued a preliminary enforcement notice against Snap over its AI chatbot, alleging that Snap had not adequately assessed the privacy risks posed to child users of the tool.
Our summary of the Digital Personal DataProtection Bill, 2023 The Digital Personal DataProtection Bill, 2023 ( 2023 Bill ) was tabled in Parliament on 3 August 2023. It is the fifth – and likely final – iteration of India’s efforts to formulate a personal dataprotection law.
As we covered here , last October, the CNIL fined Clearview AI €20 million for various dataprotection violations, including “intrusive and massive” data processing without consent or a valid legitimate interest. The amount of compensation should be assessed by Member State courts under their domestic rules.
Businesses may want to consider how the courts reasoning may apply to other circumstances when dealing with disclosure requests. For example, the Garante notes the need to incorporate dataprotection by design and by default principles within any AI systems used in the healthcare space. UK and U.S.
EDPB’s cookie banner task force report highlights user-friendly design choices What happened : In January 2023, the EDPB adopted a final report on the Cookie Banner Task Force’s work. Both investigations concerned the lawful basis relied on for the processing of user data to deliver personalised advertising.
India’s Digital Personal DataProtection Bill 2023 was introduced in Parliament on 3 August 2023. Once passed, the law will govern how businesses collect and use individuals’ data. What data is covered? Personal data, i.e., data about an individual that can identify them.
Our top-five European dataprotection developments from August are: Uber fined for personal data transfer: The Dutch DataProtection Authority fined Uber €290 million for the unlawful transfer of European drivers’ personal data to the U.S., without sufficient safeguards.
Our top five European dataprotection developments from June are: Non-material damage under GDPR: The CJEU clarified the scope of compensation for non-material damage in the context of identity theft and data subjects’ fear that their personal data had been exposed. To subscribe to the Data Blog, please click here.
EDPB’s new work programme prioritises new technologies and cooperation amongst supervisory authorities What happened : The EDPB adopted its work programme for 2023/24. The recipient entity may be able to rely on legitimate interests in certain circumstances. Facilitating harmonisation amongst national supervisory authorities.
EDPB “Consent or pay” models: Businesses operating large online platforms should consider the European DataProtection Board’s recent opinion indicating that “consent or pay” models are unlikely to be GDPR-compliant.
Nevertheless, when considering the appropriateness of protective measures, the obligation rests on the data controller to prove that they met the required standard. The rulings arose at the request of both the German and Lithuanian courts, following local administrative fines. The Court ruled that: “Scoring” (i.e.,
2022 was another busy year in privacy and dataprotection. Regulations surrounding privacy and data continue to develop at a rapid pace. As a result, 2023 could be an exciting and a busy year for privacy and data. Andreas Splittgerber , Munich – “2023 will be a landmark year for AI regulations in Europe.
Recently, we have already talked about the difficulties faced by the tech giant Meta Platforms with European supervisory authorities (Irish DPC, European EDPB) and the prospects for further litigation regarding the illegal processing of users’ personal data, in particular, class actions. of the Dutch Telecommunications Act.
Italy bans private use of facial recognition technology What happened : On 14 November 2022, the Italian Garante announced that the use of existing and new facial recognition systems that use biometric data is prohibited until a new law is passed, and at least until the end of 2023.
. : Business may want to revisit their cross-border data transfer arrangements following the new adequacy decision for the EU-U.S. Data Privacy Framework, assess whether they are eligible to self-certify and, if they are, whether it makes sense to. Data Privacy Framework (the “DPF”). These developments, and more, covered below.
Key takeaways from March include: CNIL data security practice guide: The French DPA published an update of its data security practice guide for dataprotection officers, chief information security officers, computer scientists and legal experts. To subscribe to the Data Blog, please click here.
With this regard, it is essential to know about the privacy legislation of this country since, nowadays, most internet businesses process the personal data of their clients, and they should do it in compliance with dataprotection laws. ” Thus, the Australian Privacy Act also aims to have a GDPR level of dataprotection.
Therefore, a logical question arises: what should an employer know about the use of personnel monitoring tools in order not to violate the requirements of personal dataprotection legislation? Justifying the need for monitoring The General DataProtection Regulation (GDPR) does not prohibit surveillance of employees in the workplace.
GoveInfoSecurity.com reported that “A Norway court sided with the country’s dataprotection authority in a battle against Facebook over surveillance based-ads, ruling that the agency has the authority to tell the social media giant to temporarily halt behavioral tracking without explicit consent or face daily fines.”
On March 2, 2023, the Court of Justice of the EU (“CJEU”) decided, in case C-268/21 , that the GDPR applies to the production of evidence in civil court proceedings. The case sets limits on, but does not preclude, the production of personal data in court proceedings.
In its review, the Commission considered the development of dataprotection frameworks in the concerned countries and territories, as well as the evolving interpretation of the adequacy standard under EU law, particularly in light of the EU Court of Justice’s Schrems II judgment.
On December 7, 2023 Wolters Kluwer released the following announcement : Legal & Regulatory division continues to redefine the landscape for legal professionals Wolters Kluwer Legal & Regulatory (LR) today announced an innovative feature for legal professionals: Generative Pre-training Transformer (GPT)-generated summaries of court rulings.
On May 4, 2023, the Court of Justice of the European Union (‘CJEU’) decided, in case C-487/21 , that the right to obtain a ‘copy’ of personal data means that the data subject must provide with a faithful and intelligible reproduction of all personal data. Fulfilling the right of access.
On March 4, 2023, the European Court of Justice (”CJEU”) issued its judgment on case C-300/21, UI v Österreichische Post AG. In the Court’s view, Article 82 requires establishing: (i) “damage”, either material or non-material; (ii) an actual infringement of the GDPR; and (iii) a causal link between the two.
In this blog, the authors delve into a significant decision by the German Federal Cartel Office (FCO) four years ago, accusing a major technology company of abusive behavior due to alleged violations of the General DataProtection Regulation (GDPR).
The Court of Justice of the European Union (“ CJEU ”) issued a judgment on the 9 th of February 2023 (docket no. C-453/21) , which addresses the question of the dismissal of a DataProtection Officer (“ DPO ”) and the interpretation of Article 38 of the EU GDPR. KG. (“ X-FAB ”) and several of its group companies.
When the AADC is properly reframed as imposing barriers to reading and publishing constitutionally protected content, the conditions imposed by the AADC look clearly like speech restrictions. ” That’s true, and the court could have stopped there because the rest of the AADC will fail when the age authentication requirement falls.
Companies must also foot the bill for consumer data requests authorized under privacy regulations unless the request is “excessive.” 23, 2015) the court observed that responding parties presumptively bear the expense of complying with discovery requests unless the expense is “significant.” 11 cv 4071 (N.D.
On October 26, 2023, the European Court of Justice (“CJEU”) decided that the GDPR grants a patient the right to obtain a copy of his or her medical record free of charge ( case C-307/22, FT v DW ). If you have any questions about the interaction between dataprotection and local laws we are happy to assist.
India’s new frontier – space Image Credit: Shutterstock India’s Space Policy 2023 has opened the sector to Indian private entities. What’s the issue: Comedian Kunal Kamra has sought a stay on the amendments at the Bombay High Court arguing that they’re arbitrary, unconstitutional, and place unreasonable restrictions on free speech.
There is more clarity on the views of the UK dataprotection authority on whether a “Reject All” option in the first layer of a cookie consent management solution is required. The ICO Position On 9 August 2023, the UK Information Commissioner’s Office (“ICO”) clarified its position on the “Reject All” button in cookie banners.
However, the EU Commission announced on January 27, 2023, that only three out of the 27 EU member states have properly transposed the RAD into their national legislation as required, and that it will now start issuing formal notices to the remaining countries to transpose the RAD as soon as possible. Information about collective actions.
The DSA will require much agency and court interpretation to give legal certainty to intermediaries and the recipients of their services. The DSA promises to change the internet inside the EU, and likely create spillover effects outside the EU. As the GDPR has shown, such spillover can result in U.S.
With cybersecurity becoming a board-level issue, compliance officers, lawyers, board members, and business drivers are looking for official guidance or recommendations on cybersecurity measures to protect business, customers, and the wider economy. Whose guidance to use?
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