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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. The UK Upper Tribunal did not consider the provisions under the UK GDPR.
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.
Building on prior European guidance , the French and Irish DPAs published guidance on the deployment of generative AI, large language models and dataprotection. To that end, the EDPB proposed designating DPAs as the “national competent authorities” under the AI Act to create a single point of contact.
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. These developments, and more, are covered below.
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. These developments, and more, are covered below.
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.
GDPR one-stop-shop: Businesses wishing to take advantage of the GDPR one-stop-shop system should take note of a new digest, published by the European DataProtection Board, which analyses the decisions made by so-called Lead Supervisory Authorities in this context.
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. These developments, and more, are covered below.
By Rick Clark and Jacob Hesse 2023 was an eventful year in the world of legal technology, with new technology emerging to address both traditional and new challenges legal teams face when collecting, processing, and reviewing data for litigation, investigations, or public access requests.
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.
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.
.] * * * The European Union’s Digital Services Act (“DSA”), a significant legislative act of 93 articles and 156 recitals, will become fully effective from this Saturday, February 17, 2024. The DSA will require much agency and court interpretation to give legal certainty to intermediaries and the recipients of their services.
If passed, the bill goes into effect July 1, 2024 with the first round of DPIAs due July 1, 2025. Among their targets were the DataProtection Impact Assessment requirements, which NetChoice argued amounted to prior restraint and compelled speech. The bill is currently pending approval by both chambers.
Held in vibrant Austin, Texas, the 2024 Clio Cloud Conference was nothing short of electrifying. Jack Newton’s opening keynote Jack Newton, Clio’s Founder and CEO, kicked off ClioCon 2024 with his keynote focused on harnessing momentum in the legal industry to drive long-term success. Missed the event?
Sensitive personal data: The CJEU has clarified that the processing of special category personal data, such as health data, requires a legal basis under both GDPR Art. The rulings arose at the request of both the German and Lithuanian courts, following local administrative fines. The Court ruled that: “Scoring” (i.e.,
On January 15, 2024, the European Commission released its report on the first review of the functioning of the existing eleven adequacy decisions adopted under the pre-GDPR framework. Organizations should welcome the continued stability and legal certainty offered by the retention of the existing adequacy decisions.
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.
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? In the US, NIST has a resource page for Critical Infrastructure: [link].
In the wake of the Court of Justice of the European Union’s decision in Schrems II (covered here and here ) and Brexit, the EU and UK respectively updated and issued new cross-border transfer clauses. What happened? For many businesses, implementing the new SCCs and IDTA or Addendum at the same time will be most efficient.
By Rick Clark The Masters Conference in Washington, DC, on April 17th, 2024, was a bustling event with crowded sessions throughout the day. The agenda featured a diverse range of topics, such as Modern Data, Link Files, eDiscovery Case Law, and Artificial Intelligence, making it an exceptional experience for attendees. Doe LS 340 v.
For example, transfers could create a conflict with EU or Member State law regarding the protection of the fundamental rights and freedoms of individuals, national security or defense, the protection of commercially sensitive data, or the protection of intellectual property rights.
This is because the obligations and prohibitions imposed on gatekeepers will either directly or indirectly vest other groups with rights they can pursue before national courts. The DMA vests these entities with certain rights, directly or indirectly, which they can enforce before national courts (Art. DMA recital 12). 5, 6 and 7 DMA.
For the 24-hour biennial requirement for experienced attorneys, (1) four hours must cover ethics and professionalism, (2) one hour must cover diversity, inclusion, and elimination of bias, and (3) one hour must cover cybersecurity, privacy, and dataprotection.
Under ColoPA, controllers will also have to recognize global opt-out signals as of July 1, 2024—six months before this requirement is operative in Connecticut. Under the CCPA/CPRA, businesses must provide two methods for consumers to opt-out of the sale of their personal data. CTPA § 6(e)(1)(A)(ii).
I’m pleased to announce the 2024 edition (15th edition) of my Internet Law casebook, Internet Law: Cases & Materials. Blockbuster with the North Carolina Supreme Court decision in Canteen v. I also did a quick calculation of the issuing courts represented among the 22 principal opinions. I replaced Harris v. The Harris v.
The Commission provides greater clarity on the process by which EU data subjects can submit complaints through the two-tier redress mechanism established under EO 14086 “concerning an alleged violation of U.S. The decision specifies that an EU data subject must submit a complaint to a DataProtection Authority (“DPA”) in an EU Member State.
Digital Services Act to apply from 2024 or four months from designation as a very large online platform or search engine What happened : On 4 October 2022, the EU adopted the much-anticipated Digital Services Act (“DSA”).
DOJ Issues Landmark Rules on Sensitive Data On December 27, 2024, the U.S. Department of Justice (DOJ) issued the Final Rule on Preventing Access to Sensitive Data, creating a comprehensive export control regime to restrict the transfer of bulk sensitive personal and government-related data to foreign adversaries deemed threats to U.S.
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