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Digital Law Up(to)date: The European Commission publishes the draft of the Data Act

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.

Digital Law Up(to)date: CJEU allows decompilation of computer programs to correct errors

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.

Digital Law Up(to)date: EDPS opinion on the proposal for a directive on consumer credits

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.

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.

After the Uber case and the Airbnb case … the Star Taxi App case: focus on the question of the qualification as “Information Society Service”

This blog analyses the Star Taxi App case law in the light of the Uber case law and the Airbnb case law. The three judgments have in common the question of the qualification of services as Information Society Services.

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.

Online platforms and uploading of protected works: a priori no liability for operators of online platforms

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.

Digital Law Up(to)date: European Commission publishes results of the public consultation on the Data Act

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.

Digital Law Up(to)date: A first evaluation of the GDPR two years after implementation

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.

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: 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: (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: New European initiative to regulate the relationship between digital platforms and their workers

The European Commission wants to regulate the relationship between digital platforms and their workers. The main objective of the Commission is to improve the working conditions of people working through digital labour platforms.

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.

Facebook/Belgian DPA: Landmark ruling on cross-border enforcement under the GDPR

On 15 June 2021, the CJEU delivered an important judgment on the one-stop-shop mechanism.

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.
 

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