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Digital Law Up(to)date: Out with the old – new SCCs required for new agreements

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

Digital Law Up(to)date: Display of advertising messages in electronic inbox similar to real emails constitutes unsolicited communication

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.

Digital Law Up(to)date: Launch of a public consultation to modernise the European liability rules

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.

Digital Law Up(to)date: GDPR, eID and customer loyalty card before the Supreme Court

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.

Digital Law Up(to)date: AI and facial recognition, towards a moratorium?

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

Digital Law Up(to)date: EDPB adopts statement on EU Digital Services Package

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.

Digital Law Up(to)date: New EDPB guidelines to calculate the amount of GDPR administrative fines

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.

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: New EDPB Guidelines on the practical implementation of amicable settlements

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

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.

Digital Law Up(to)date: Consumer associations can control GDPR implementation

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

Digital Law Up(to)date: Clarification by the CJEU on the retention of traffic and location electronic communications data for the purpose of combating serious crime

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.

Digital Law Up(to)date: Two new EU proposals of regulation to strengthen cybersecurity and information security across the EU organs

On 22 March, the EU published two new proposals of regulation on 'cybersecurity at the institutions, bodies, offices and agencies of the Union' and on 'information security in the institutions, bodies, offices and agencies of the Union'.

Digital Law Up(to)date: Application of the private copy exception to cloud computing

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

Digital Law Up(to)date: Art. 17 of directive 2019/790 is valid

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.

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.

Digital Law Up(to)date: be aware of your Facebook wall… you could be liable for comments posted by others

In this blog, we briefly present a recent judgment of the European Court of Human Rights on the liability for content posted by a third party on a Facebook wall.

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