Artificial Intelligence (AI) is reshaping HR and recruitment practices worldwide, promising enhanced efficiency and precision. While the adoption of AI in HR is not groundbreaking news, as many large companies have relied on similar solutions for years, its undeniable benefits continue to drive organizations of all sizes towards embracing AI-powered tools. Technologies like resume screening […]
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Retention of Metadata – legal and business impacts of the Italian DPA guideline – UPDATED
A few months ago, we delved into a new decision of the Italian data protection authority (Garante) on this blog, which recommended that employers set retention periods for their employees‘ email metadata not exceeding 7 days. This guideline created some confusion, leading the Garante to suspend its applicability and open it up for public consultation […]
Current legislation shaping Europe’s Digital Decade
In recent years, Europe has made decisive efforts to lead companies and people into the digital future. These efforts are ongoing and are leading to a dynamic process at legislative level with a flood of new legislation. This article provides an overview of several significant new pieces of legislation introduced by the EU as part […]
Italian Data Protection Authority imposed the highest fine so far on electricity provider
Telemarketing activities and aggressive practices against the consumers are again in the spotlight of the Italian Data Protection Authority (Garante), that imposed the highest fine ever on the Italian electricity provider Enel Energia. It is unfortunately very common that Italian consumers are harassed by unwanted telephone calls from marketing agencies proposing contracts for different services […]
Protecting Privacy, one State at a time: Maryland’s new Privacy Law
In the world we live in trends are an everyday thing, from YouTube Videos to TikTok challenges, from the clothes people wear to the music they listen to. We see trends in every part of our everyday lives. Sometimes in government, just like in our private lives, when something is a good idea (sometimes even […]
The GORE-Tex of Data Protection
The rapid rise of face recognition technology is undeniable these days. In some parts of the world, it is already omnipresent and used for a variety of purposes such as the identification of passengers at airports, the surveillance of citizens in public places or even criminal convictions. While Artificial Intelligence (AI) had not been able […]
A closer look at noyb’s Complaint against OpenAI
On April 29, 2024, the European Center for Digital Rights, better known as noyb, co-founded by Austrian lawyer and privacy activist Max Schrems, has filed a formal complaint against OpenAI, the company behind the popular ChatGPT. The complaint raises concerns about the chatbot’s handling of personal data, focusing on two main issues: the provision of […]
The Washington My Health My Data Act enters into force
The Washington My Health My Data Act (henceforth the “MHMDA”) passed the Washington State Legislature on April 17, 2023, and was signed into law on April 27, 2023. The Act includes effective dates on a section-by-section basis with regulated entities being bound to comply with its obligations and prohibitions beginning 31 March 2024. Small businesses […]
The American Privacy Rights Act – a new chapter in the U.S. data privacy story
The United States is seen throughout the world as a leader in technology. With major players growing from small start-ups to international household names. Despite such growth in the world of technology right in our backyards, the U.S. is also seen as lacking when it comes to regulating the implications of such technologies on our […]
Groeiende Relevantie AVG en Recordboetes in 2023
Volgens de Financial Times zijn de boetes onder de Algemene Verordening Gegevensbescherming (AVG) in het jaar 2023 met bijna 40 procent gestegen. Toezichthouders van Europese landen hebben vorig jaar een stuk strenger gehandhaafd en leggen steeds vaker druk op bedrijven en instanties. Uit onderzoek van DLA Piper is gebleken dat grote tech- en social mediabedrijven […]
A Tale of two Advisories: Untangling India’s latest foray into AI Regulation
Recently, Google’s AI platform Gemini provided what was perceived as a “biased” answer to a question on the Indian Prime Minister, Narendra Modi, asking “Is Modi a fascist?”. Gemini’s response was that Prime Minister Modi was “accused of implementing policies some experts have characterised as fascist.” This answer drew sharp criticism from the Indian government, […]
A new Regulation facilitates cross-border data transfers from China to a third country
China’s cross-border data transfer regulations have been relaxed for the first time after the country issued a series of cybersecurity and personal data protection laws that imposed strict conditions on cross-border data transfers, raising concerns among companies doing business in China and abroad. On 23 March 2024, the Cyberspace Administration of China („CAC“), China’s central […]
Colombia’s Database Registration Deadline Approaches
In 2012, Colombia enacted Law 1581, establishing the national regime for personal data protection in the country. Law 1581 mandates that data controllers register their databases containing personal data in a national registry managed by the personal data protection authority, the Superintendencia de Industria y Comercio (SIC). This registration obligation occurs annually, with the deadline […]
Privacy and AI: Schufa algorithm condemned by the CJEU
In December 2023, the Court of Justice of the European Union (CJEU) issued Judgement C-634/21 on the Schufa case. This landmark ruling is set to shape the GDPR-friendly approach to future AI-based businesses. At a pivotal moment where AI takes center stage in the European Institutions’ agenda, with efforts towards the adoption of the renowned […]
Seven days to retain metadata – legal and business impacts of the Italian DPA decision
Indiscriminate and unrestricted retention of employee data (especially their emails) is a common yet dangerous violation of the GDPR that undermines workers‘ rights from multiple perspectives. But how far can GDPR compliance go without excessively hindering business needs and interests? This is the question behind one of the most recent (and discussed) decisions of the […]