According to Art. 40 GDPR, associations and other bodies representing categories of controllers or processors are encouraged to prepare codes of conduct, or amend or extend such codes, for the purpose of contributing to the proper application of the GDPR in specific sectors. When such codes of conduct – or amendments to existing ones – […]
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AI Innovation at Risk? A Showdown Between Privacy Laws and Tech Giants
AI is transforming the world at an unprecedented speed, and yet, a growing regulatory storm seems ready to slow it down. Recently, LinkedIn was forced to halt its AI-powered data processing in the UK after concerns raised by the ICO (Information Commissioner’s Office). But could this be just the tip of the iceberg for a […]
The Belgian DPA Issues Guidelines on AI
The Belgian DPA Issues Guidelines on AI When it comes to Artificial Intelligence (AI) systems, there are two EU regulations that have a significant impact on their use. These two Regulations are the well-known General Data Protection Regulation (GDPR) and the AI Act (AIA), which only came into force on August 1, 2024. Since then, […]
CJEU Broadens Definition of Health Data in Pivotal GDPR Ruling
The Court of Justice of the European Union (CJEU) has recently issued a landmark decision (C-21/23 “Lindenapotheke”) that expands the interpretation of what constitutes health data under the General Data Protection Regulation (GDPR). This ruling has significant implications for businesses, especially those involved in the sale of medicinal products online. A Wider Scope of Health […]
Legitimate Interest: new CJEU ruling challenges Dutch Authority’s strict interpretation
On October 4, 2024, the Court of Justice of the European Union (CJEU) issued a ruling in the case C-621/22, addressing whether purely commercial interests can qualify as a legitimate interest for processing personal data under Article 6 para. 1 lit. f of the General Data Protection Regulation (GDPR). This decision challenges the strict stance […]
Can AI Be Used to Predict Crimes? Should it?
Recently, the Argentinian government announced the creation of the Unidad de Inteligencia Artificial Aplicada a la Seguridad (UIAAS), a unit designed to use artificial intelligence (AI) for the prevention, detection, investigation, and prosecution of crimes. The plan involves using machine-learning algorithms to analyze historical crime data and predict future felonies. It is also expected to […]
Email Marketing Compliance in Canada: Key Requirements for B2B Communication
In today’s digital landscape, email marketing remains one of the most effective tools for businesses to connect with clients and partners. However, ensuring compliance with local data protection and anti-spam laws is essential to avoid legal complications. For businesses operating in or communicating with recipients in Canada, the Canada’s Anti-Spam Legislation (CASL) and other data […]
A Trip to Canada’s Data Protection Landscape
As we are entering into autumn, most people are traveling the world again. Some prefer a few quiet weeks at the beach, while others are seeking adventures climbing mountains and jumping off cliffs. Nerds like me however, like to discover the curiously wild landscape of Canada’s data protection laws. It keeps us lawyers constantly on […]
Data Protection Officer (DPO) in Singapore – obligations, role and responsibilities
The Personal Data Protection Act (PDPA) of Singapore mandates organizations to safeguard the personal data they collect, use, or disclose. A key aspect of this responsibility is appointing a Data Protection Officer (DPO) or a team to ensure compliance with the PDPA. Appointing a DPO – requirements and obligations As part of the Accountability Obligation, […]
How to verify the implementation of Binding Corporate Rules? The CNIL published a monitoring tool
A number of multinational companies operating across multiple jurisdictions and sharing personal data between different countries, have adopted Binding Corporate Rules (BCRs) as a transfer mechanism under Art. 47 of the General Data Protection Regulation (GDPR). BCRs are internal data protection compliance rules to ensure that personal data transferred between their entities, particularly from the […]
Unlawful use of facial recognition technology (FRT) at a school in Essex
The UK’s supervisory authority, the Information Commissioner’s Office (ICO), announced on 23 July 2024 that it had issued a warning to a school in Essex for the unlawful use of facial recognition technology – a violation of Art. 58 para. 2 lit. b UK GDPR. What happened? In March 2023, the school began using facial […]
AI and HR – Navigating legal obligations in Europe
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 […]
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 […]