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European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

High Court clarifies scope of data subject’s right to know specific recipients of their personal data

On 7 June 2024, in the case of Harrison v Cameron & Another, the High Court ruled that, in the context of a data subject access request under Article 15 UK GDPR, data subjects are entitled in principle to know the specific...more

Garante publishes decision on personal data processing by Wikipedia

On 6 June 2024, the Italian supervisory authority ('Garante') published its opinion that the Wikimedia Foundation, Inc ('Wikimedia'), a US-based non-profit which hosts the free-to-use encyclopaedia website Wikipedia, was not...more

CJEU publishes AG opinion on sale of a database of personal data

The Court of Justice of the European Union (CJEU) published the Advocate General's Opinion on whether the GDPR would restrict the sale of a database by court enforcement officers to satisfy creditor claims without the consent...more

No patents, no problem: how Formula 1 technology races ahead without patent protection

As arguably the most technologically advanced sport in the world, where cutting-edge R&D is critical to achieving results on the track, it would be reasonable to assume that patents play a pivotal role in protecting...more

EDPB adopts opinion on the notion of main establishment during 90th plenary

The European Data Protection Board (EDPB) during its 90th plenary session, on 14 February 2024, amongst other things: - adopted an opinion (the Opinion) on the notion of a controller’s main establishment, including...more

EDPB launches website auditing tool

The EDPB launched a website auditing tool to help legal and technical auditors at data protection authorities check whether websites are compliant with the law on 29 January 2024. Controllers and processors can also use the...more

European Data Protection Board adopts report on Data Protection Officers

The European Data Protection Board (EDPB) adopted a report on the challenges faced by Data Protection Officers (DPOs) (the Report) on 16 January 2024. This Report follows a coordinated investigation involving 25 EEA...more

EU privacy regulators adopt opinion on the proposed Regulation on the digital euro

On 17 October 2023, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) adopted a joint opinion on the proposed Regulation on the digital euro (the Proposal) as a central bank digital...more

EU – Data Governance Act becomes applicable

The majority of the provisions of the EU Data Governance Act 2022 (DGA) became fully applicable across the EU on 24 September 2023. This follows the end of the transitional period of 15 months from its entry into force on 23...more

Saudi Arabia Finalised PDPL Regulations published in Official Gazette

On 7 September 2023, the Saudi Data & Artificial Intelligence Authority (SDAIA) published the (i) Implementing Regulations of the Personal Data Protection Law (PDPL) and (ii) Regulation on Personal Data Transfer outside the...more

France CNIL calls for comments on its draft recommendation on security of critical data processing operations

The French supervisory authority (CNIL) asked for public comments on its draft recommendation on data security in relation to processing that presents particularly high risks to individuals or to the public interest (the...more

India – Digital Personal Data Protection Act receives Presidential assent

The President of India gave assent for the Digital Personal Data Protection Bill 2023 on 11 August 2023, a matter of days after it had been passed by both the Lower and Upper House. The Digital Personal Data Protection Act...more

EU-U.S. Data Privacy Framework: adequacy decision adopted, the framework becomes operational

On 10 July 2023, the European Commission adopted the adequacy decision for the EU-U.S. Data Privacy Framework (DPF). This decision enables the free flow of personal data from the EU and three EEA countries (Iceland,...more

Legal hot takes – the ECB’s Digital Euro

The Digital Euro project is the European Central Bank’s (ECB) response to the changing landscape of consumer payments, driven by the rise of cryptocurrency, payment fintechs and electronic transactions. A Digital Euro would...more

EU - New EU Regulation to complement GDPR by clarifying cross-border enforcement procedures unveiled

The European Commission published its Proposal for a Regulation (on 4 July 2023) laying down additional procedural rules relating to the enforcement of GDPR (the Proposal), which aims to complement the GDPR by specifying the...more

EU General Court annuls EDPS decision and examines when personal data can be considered anonymised

On 26 April 2023, in case T-557/20 (Single Resolution Board v EDPS), the Court of Justice of the European Union in its General Court configuration (the Court) annulled the decision of the European Data Protection Supervisor...more

CJEU clarifies key aspects of the GDPR: an overview of recent cases

The Court of Justice of the European Union (CJEU) issued on 4 May 2023 three decisions in cases concerning interpretation of key aspects of the GDPR. It also published three opinions of the Advocate General (AG). Below is a...more

Increasing global cybersecurity regulation of private companies on the near horizon

Within the past year, a number of countries around the world, including the United States, United Kingdom, France, and The Netherlands have initiated regulatory inquiries and developed new strategies for the purpose of more...more

New French law will require reporting of cybersecurity incidents within 72 hours to benefit from insurance coverage

On 25 January 2023, France’s Orientation and Programming Law of the Ministry of the Interior (LOPMI) was published in the Official Journal. LOPMI amends various legislative acts, including the French Insurance Code....more

CJEU rules that national courts must consider the interests of individuals when ordering data disclosure in civil litigation

The Court of Justice of the European Union (CJEU) published its decision in Norra Stockholm Bygg AB v Per Nycander AB, C-268/2021 (Norra) on 2 March 2023. The CJEU held that the GDPR applies, in civil court proceedings, to...more

DSK publishes decision on access by third country public authorities to data processed by processors in the EEA

The German Data Protection Conference of supervisory authorities (DSK) issued a decision on how to evaluate the risk of personal data being accessed by non-EEA public authorities, or by a parent company, when processed by a...more

Italy - Garante restricts personal data processing by an AI chatbot that generates a 'virtual friend'

The Italian supervisory authority (Garante) issued an urgent order against Luka Inc. (Luka), a US-based developer and operator of the online app “Replika” (Replika), an artificial intelligence (AI) chatbot on 2 February 2023....more

USA - NIST proposes a framework for AI Risk Management

The U.S. National Institute of Standards and Technology (NIST) of the U.S. Department of Commerce published its AI Risk Management Framework (AI RMF) on 26 January 2023, a guidance document for organisations designing,...more

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