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Data Privacy Day 2023: highlighting the most impactful ECJ judgments from the past year

In recent years, the ECJ has issued landmark judgments with far-yielding consequences for data controllers and data processors. To celebrate Data Privacy Day 2023, we highlighted the most impactful judgments of the ECJ from the past year.

EU-U.S. Data Privacy Framework: A new adequacy decision for the United States

On Monday July 10, 2023, the European Commission adopted her adequacy decision for the United States, the “EU-U.S. Data Privacy Framework”, which has immediate effect.

Digital Law Up(to)date: No processing of vaccination status in recruitment process

The Litigation Chamber of the Belgian DPA confirms that, in the absence of an existing legal basis, it is not possible for an employer, in this case a hospital, to make the recruitment of a person conditional on the fact that he/she has been vaccinated.

Digital Law Up(to)date: DPA publishes recommendation on the processing of biometric data

On 6 December 2021, the Belgian Data Protection Authority published a recommendation on the processing of biometric data.
 

European Strategy for Data: Analysis of the proposed regulation of data governance

On 25 November 2020, the European Commission published a proposal for a regulation on data governance and a related Q&A. On 1 October 2021, the Council of the European Union agreed position on the Data Governance Act.

Towards a European legal framework for the development and use of Artificial Intelligence

Back in 2014, Stephen Hawking said, "The development of full artificial intelligence could spell the end of the human race."

Digital Law Up(to)date: Belgian DPA asks for clearer justification of the Covid Safe Ticket (CST)

The Belgian Data Protection Authority (DPA) has delivered its opinion on two draft cooperation agreements (one legislative agreement and one implementing agreement) relating in particular to the extension of the scope of the Covid Safe Ticket (CST).

Enforcement of Schrems II: Council of State refuses unconditional illegality of transfers to the U.S.

A recent decision of the Belgian Council of State shines a first light on the enforcement of the Schrems II ruling of the European Court of Justice in Belgium.

Digital Law Up(to)date: (1) the download of a software with a permanent licence can constitute a “sale of goods”; (2) alert of the BEUC regarding the privacy policy of WhatsApp and its new terms of use

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.

Digital Law Up(to)date: (1) Parliamentary initiatives about cyber attacks; (2) ‘Zero tariff’ options before the CJEU; and (3) Council of State, GDPR and encryption

In this blog, we briefly present three interesting matters in the field of digital law: (1) Parliamentary initiatives to tackle cyber attacks; (2) 'Zero tariff' options and open internet access do not mix; (3) Council of State, GDPR and encryption.

De Dataverordening (“Data Act”)

De Europese Commissie heeft op 23 februari 2022 de Europese dataverordening (“Data Act”) voorgesteld, die het delen van data beoogt te bevorderen. Steeds meer gegevens worden door mensen en machines gegenereerd, bewaard en hergebruikt.

Digital Law Up(to)date: The EDPS claims Pegasus might lead to an unprecedented level of intrusiveness

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. 

Digital Law Up(to)date: Interesting points in a DPA decision based on a cross-border complaint relating to cookies

The Belgian Data Protection Authority published an interesting decision of its Litigation chamber. The content of the decision is not completely new, but it provides (or recalls) some relevant elements for personal data practitioners.

Digital Law Up(to)date: The use of the free version of Google Analytics violates the GDPR

The Datenschutzbehörde, the Austrian Data Protection Authority (DPA), found that the use of the free version of Google Analytics violated some provisions of the GDPR, and specifically the rules on international data transfers.

Digital Law Up(to)date: EDPB guidelines on facial recognition in the area of law enforcement

The European Data Protection Board adopted on 12 May 2022 Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement.

Digital Law Up(to)date: Approval of the Data Governance Act by the Council of the EU

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.

CJEU confirms “right of explanation” in battle between trade secrets and algorithmic transparency

The CJEU's recent ruling emphasizes the GDPR's demand for algorithmic transparency in automated decisions, challenging companies to explain their logic. The decision also shows the difficulty of balancing such transparency with trade secret protection.

The Current Status of the AI Act: Navigating the Future of AI Regulation in the EU

We discuss the current status of the AI Act since the ban on unacceptable AI systems and the AI literacy obligation, and the challenges that are arising in light of the balance between the rapid advancement of technologies and the slow pace of regulation.

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