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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.

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.

On 14 January 2021, the Constitutional Court validated a legislative measure requiring the inclusion of fingerprints on Belgian eID. According to the Court, it is not contrary to the right to privacy and the right to protection of personal data.

On 17 February 2022, the Belgian legislator adopted a law amending various provisions on electronic communications in order to introduce additional security measures for the provision of 5G mobile services.

The Belgian Gazette published a Royal decree completing the Belgian regulatory framework on crypto-exchange and wallet services providers. The decree enters into force on 1 May 2022.

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. 

The Belgian Data Protection Authority published an interesting decision of its Litigation chamber. The content of the decision is not completely new, but it provides (or recalls) some relevant elements for personal data practitioners.

On 11 February 2022, the Belgian Official Gazette published a new law modifying the Belgian anti-money laundering law. The objective of the text is to introduce new provisions to regulate crypto-exchange and wallet service providers.

The Datenschutzbehörde, the Austrian Data Protection Authority (DPA), found that the use of the free version of Google Analytics violated some provisions of the GDPR, and specifically the rules on international data transfers.

Recent is in Nederland de discussie opgelaaid over de (journalistieke) vrijheid van publieke omroepen. De Nederlandse Publieke Omroep (“NPO”) overweegt om Ongehoord Nederland een financiële sanctie op te leggen.

The Belgian DPA fined Groupe Rossel for several breaches of the GDPR on three of its websites.

The Belgian DPA fined Roularta Media Group for several breaches of the GDPR on three of its websites.

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 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.

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 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.

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.