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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.

As of 27 September 2021, the old set of Standard Contractual Clauses (SCCs) can no longer be used in agreements.

The Belgian Data Protection Authority has published a charter on its Inspection Service (the investigating body of the DPA). The document gives information on the process of an inspection and, more globally, on how this Service works.

On 25 November 2021, the Court of Justice of the European Union ruled that the display in the electronic inbox of advertising messages in a form similar to real email constitutes an unsolicited communications.

In this blog, we briefly present an initiative of the European Commission to modernise Directive 85/374 on the liability for defective products and to adapt the liability rules to the digital age and artificial intelligence.

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.

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

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 briefly present a Belgian legislative proposition to criminalise 'doxing'.

 

In this blog, we briefly present a first judgement of a Belgian Court that sentenced a person for spreading hateful internet memes on social networks.

In a judgment handed down on 1 December 2021, the Market Court annulled the decision on the merits 66/2021 of 4 June 2021 of the Belgian DPA. The decision reprimanded the Belgian Ministry of Finance for not respecting the rights of the data subjects.

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 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.

The EDPB published new guidelines on the practical implementation of amicable settlements.

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 Grand Chamber of the CJEU confirms that EU law precludes national legislative measures which provide for the general and indiscriminate retention of traffic and location data relating to e-communications, for the purpose of combating serious crime.