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Digital Law Up(to)date: Purchasing a prepaid mobile phone anonymously is no longer possible

The Belgian Constitutional Court has validated the law of 1 September 2016, removing the possibility to buy a prepaid mobile phone card anonymously.

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.

Digital Law Up(to)date: From 'confidentiality of letters' to 'confidentiality of private communications'?

The Belgian Parliament published a proposal to amend art. 29 of the Belgian Constitution. If adopted, art. 29 should read as follows: “The confidentiality of private communications is inviolable, except in the cases and conditions established by law”.

Advocate General opinion on further unlawful processing

In a recent opinion delivered by Advocate General Campos Sánchez-Bordona, the European Court of Justice is asked to interpret key provisions of the GDPR concerning the rights of individuals whose personal data has been unlawfully processed.

Can you rely on your contract to process personal data?

The EDPB adopted on 9 April 2019 a set of draft guidelines on personal data processing under Article 6(1)(b) GDPR in the context of providing online services to data subjects.

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.

Compensation after infringement of the General Data Protection Regulation: European developments

The General Data Protection Regulation (GDPR) is one of the most significant development in the European data strategy in the past years and is continuously evolving.

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.

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.

C'est le ton qui fait la musique – The end of employer copyrights?

The CJEU decision in the National Orchestra of Belgium decision shakes up employer copyright in the Netherlands. With new consent and compensation requirements, are your employment contracts still airtight? Discover the implications of the decision here.

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