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WilmerHale’s Guide to the EU Data Act - September 2024

Exactly one year from now, on September 12, 2025, the EU Data Act will enter into application. This new regulation provides harmonized rules on data access, switching cloud providers, and interoperability requirements across...more

Obligations for Deployers, Providers, Importers and Distributors of High-Risk AI Systems in the European Union’s Artificial...

In this blog post, we will focus on obligations that the European Union’s Artificial Intelligence Act (AI Act) sets for deployers, providers, importers and distributors regarding high-risk AI systems....more

What Are High-Risk AI Systems Within the Meaning of the EU’s AI Act, and What Requirements Apply to Them?

In this blog post, we will focus on the identification of “high-risk AI systems” under the Artificial Intelligence Act (“AI Act”) and the requirements applying to such systems. As explained in our previous blog posts, the AI...more

European Union AI Act Published in the Official Journal - Critical Milestones on the Road to Full Applicability

The EU Artificial Intelligence (AI) Act was published in the Official Journal of the European Union on July 12, 2024, as “Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down...more

Limited-Risk AI - A Deep Dive Into Article 50 of the European Union’s AI Act

This blog post focuses on the transparency requirements associated with certain limited-risk artificial intelligence (AI) systems under Article 50 of the European Union’s AI Act....more

Prohibited AI Practices - A Deep Dive into Article 5 of the European Union’s AI Act

This blog post focuses on Artificial Intelligence (AI) practices prohibited under the EU AI Act. Article 5 of the AI Act essentially prohibits AI practices that materially distort peoples’ behavior or that raise serious...more

The European Parliament Adopts the AI Act

On March 13, 2024, the European Parliament adopted the Artificial Intelligence Act (AI Act). It is considered to be the world’s first comprehensive horizontal legal framework for AI. It provides for EU-wide rules on data...more

Details of the EU Data Act (3) - Enforcing the Data Act

On November 27, 2023, the Council of the European Union adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers, and interoperability requirements across the EU. The...more

The EU Reaches a Political Agreement on the AI Act

On December 8, representatives from the European Commission, the European Parliament, and the Council of the European Union (EU) reached political agreement on the shape and contents of the EU’s AI Act (the “Act”), setting...more

Details of the EU Data Act (2) - Obligations of Cloud and Other Data Processing Services: Switching and Interoperability...

On November 27, 2023, the Council of the European Union adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the EU. The...more

Details of the EU Data Act (1) - Data Access Rights and Obligations

On November 27, 2023, the Council of the European Union adopted the EU Data Act (Data Act), a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the...more

Almost there: The European Parliament passes the EU Data Act, with new rules for data access, switching cloud providers and...

On November 9, 2023, the European Parliament adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the EU. It is widely...more

Certification Under the EU-U.S. Data Privacy Framework

On July 10, 2023, the European Commission adopted an adequacy decision for the new EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the successor to the EU-U.S. Privacy Shield, which the Court of Justice of the European Union...more

European Parliament Adopts Negotiating Position on the AI Act

On June 14, 2023, the European Parliament adopted its negotiating position regarding the proposal of the European Commission for a regulation laying down harmonized rules on artificial intelligence. This is the most recent...more

Italy’s Privacy Regulator Takes Action Against ChatGPT

On March 31, 2023, Italy’s privacy regulator (the “Garante”), announced an immediate temporary limitation on the processing of data of individuals residing in Italy by OpenAI’s ChatGPT, the popular artificial intelligence...more

European Commission Announces Draft U.S. Adequacy Decision

On December 13, 2022, the European Commission initiated the process to adopt an adequacy decision for the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The draft adequacy decision follows President Biden’s October Executive...more

Update on the EU-US Data Privacy Framework

On October 7, 2022, President Biden signed an Executive Order (“EO”) implementing the new trans-Atlantic EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF, previously announced by President Biden and the...more

EDPB Adopts Guidelines on Calculation of GDPR Fines and on Facial Recognition Technology in Law Enforcement

On May 16, 2022, the European Data Protection Board (EDPB), the independent body of data protection supervisors that promotes consistent data protection rules and application thereof throughout the European Union (EU),...more

The European Commission publishes its proposal on the European Health Data Space (EHDS)

On May 3, 2022, the European Commission published a proposal for a Regulation on the European Health Data Space (EHDS) (“EHDS Regulation”, or “Proposal”). With the Proposal, the European Commission aims to make significant...more

US and EU Officials Agree to New Trans-Atlantic Data Privacy Framework

On March 25, 2022, US President Joe Biden and European Commission President Ursula von der Leyen made the long-awaited announcement that the United States and the European Union have agreed, in principle, to the...more

A First Look at the European Commission’s Proposal for a Draft Data Act

The European Commission has presented its draft Data Act, which will affect a broad range of companies and heavily emphasizes data accessibility and fairness. Companies should begin to evaluate their current practices and...more

The French Data Protection Authority Joins the Austrian Data Protection Authority in Ruling that the Use of Google Analytics...

French regulators have held that the use of Google Analytics violates the GDPR, a decision that likely has broad implications for web analytics companies and website operators. On February 10, 2022, the French Data...more

International Data Transfers under the UK GDPR: International Data Transfer Agreement and Addendum laid before Parliament

Businesses that transfer personal data to and from the United Kingdom will soon have clarity regarding transfers from the UK to recipients outside the EU/EEA. On February 2, 2022, the United Kingdom Secretary of State...more

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