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EU General Court denies WhatsApp’s action to annul EDPB decision

The General Court has declared WhatsApp’s request to annul an EDPB binding decision inadmissible.

ECJ further shapes independent position of DPOs

In a judgment of 9 February 2023 (C-453/21), the European Court of Justice has further shaped the rules surrounding the independence of a data protection officer (DPO), one of the cornerstones of the GDPR.

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: 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: 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: 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: 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: Towards a European electronic chips sovereignty

The European Commission published a European Chips Act to confront semiconductors shortages and strengthen the technological leadership of the European Union.

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: 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.

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