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The EDPB adopted new guidelines on the calculation of administrative fines under GDPR. The objective is to strengthen harmonisation and transparency of the methodology used by national supervisory authorities to calculate the amount of the fines.

The CJEU stated that the private copy exception (copyright) applies to cloud computing.

The Council of the European Union adopted the Data Governance Act. The new regulation promotes the availability of data and builds a trustworthy environment to facilitate their use for research and the creation of innovative new services and products.

According to the CJEU, consumer protection associations are now allowed to control the GDPR implementation. 

The CJEU validates the new liability regime for large online platforms organised by article 17 of the directive 2019/790 on copyright and related rights in the Digital Single Market.

On 15 February 2022, the European Data Protection Supervisor published Preliminary Remarks on Modern Spyware. In fact, this document directly targets the Pegasus spyware developed by an Israeli company. 

On 23 February 2022, the European Commission published its draft Data Act, i.e. a proposal for a regulation on harmonised rules on fair access to and use of data. The text is part of the European strategy for data launched by the Commission in 2020.

On 6 October 2021, the Court of Justice of the European Union (CJEU) ruled that the decompilation of a computer program to correct an error in the functioning of that program does not infringe the exclusive rights of the author of the program.

The European Data Protection Supervisor has handed down a positive opinion on the initiative of the European Commission to modernise Directive 2008/48 on credit agreements for consumers, taking into account the increasing digitalisation of this market.

In this blog, we briefly present developments on AI and facial recognition. Several institutions are calling for a moratorium on this technology.

In this blog, we briefly present a Belgian legislative proposition to criminalise 'doxing'.

 

In a judgment dated 22 June 2021, the CJEU clarifies the liability framework of online platform operators when content protected by copyright is uploaded by platform users.

On 14 January 2021, the Constitutional Court validated a legislative measure requiring the inclusion of fingerprints on Belgian eID. According to the Court, it is not contrary to the right to privacy and the right to protection of personal data.

On 6 December 2021, the European Commission published the results of the public consultation on its Data Act. This legislative initiative aims at facilitating data access and use, and reviews the rules on the legal protection of databases.

On 25 March 2021, the European Parliament adopted a resolution on the Commission evaluation report on the implementation of the General Data Protection Regulation two years after its application.

In this blog, we briefly present a judgment of the Belgian Supreme Court of 7 October 2021 on the reading of the eID card to obtain a loyalty card.

On 18 November 2021, the European Data Protection Board (“EDPB”) adopted a statement on the Digital Services Package proposed by the Commission. The Package refers to a number of legislative proposals aiming at the further use and sharing of data.

In this blog, we present two interesting matters in the field of digital law: (1) The supply of a copy of software together with a licence to use it can constitute a "sale of goods”; and (2) WhatsApp in turmoil for its privacy policy and terms of use.