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Elisabeth Dehareng

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In Brief The long-awaited EU AI Act was published in the Official Journal of the European Union today, 12 July 2024. The Act regulates activities across the AI lifecycle, as covered in more detail in our previous post, and the countdown for implementation has now started for companies developing or deploying AI technologies, with the Act entering into force 20 days after its publication on 1 August 2024. The Act as a whole is generally…

Copyright 2024 International Association of Privacy Professionals. Data minimization: An increasingly global concept. Data minimization requirements are not new but they are becoming more common, and enforcement is on the rise. “Legal basis” requirements for data processing, justifying data processing activities and transfers, and adhering to data minimization principles began hitting organizations’ radars with the EU General Data Protection Regulation. In response to the GDPR, many multinationals are differentiating regionally, or by jurisdiction, how they…

In a groundbreaking decision, an Austrian regional court has held that certain provisions of the Collective Redress Directive (Directive (EU) 2020/1828, “CRD”, sometimes also referred to as Representative Actions Directive) are directly applicable given that Austria failed to transpose the directive into national law. As a consequence, the EU’s rules on privacy, AI, and digital products will soon see increased private collective enforcement. The CRD, adopted by the European Union in 2020, aims to facilitate…

1. Background of the case and proceedings in Belgium (a) IAB Europe and real-time bidding in a nutshell The CJEU ruling concerns the Transparency and Consent Framework (“TCF”) that was launched by Interactive Advertising Bureau Europe (“IAB Europe”), a European-level association for the digital marketing and advertising ecosystem. The TCF specifically targets the real-time bidding industry, which is active in the provision of online, automated and instantaneous auctions for the sale and purchase of online…

The EU AI Act was adopted by the European Parliament today and is expected to enter into force within a few months, with its first substantive provisions taking effect before the end of 2024. The EU AI Act applies across the AI lifecycle – from developers to deployers of AI technologies – and organisations across industries have been watching its progress closely. Now that it is finally approved, we set out below what’s next, and…

The new EU regulation on electronic evidence will enable law enforcement authorities from one EU member state to order service providers in other EU member states to surrender digital evidence. Providers who fail to comply within ten days or, in urgent cases, within eight hours, could face fines of up to two percent of their global group turnover. We manage our calendars online, store photos in the cloud, many of us haven’t seen the inside…

A key step towards adoption of the EU AI Act was reached last Friday as the draft text received unanimous approval from the European Council’s main preparatory body. There are further votes to follow before the Act is adopted, but it’s looking likely that the final vote will take place in April and some substantive provisions of the Act could be in force soon after that, possibly by the end of the year. We set…

28 January 2024 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. Data Privacy Day encourages the global community to think about the importance of respecting privacy, safeguarding data, and enabling trust. In an increasingly connected and digitized world, where data protection, privacy and cybersecurity regulation are rapidly evolving, the work of the global data community is more vital, and more challenging,…

Whilst the EU’s AI Act has been grabbing all the headlines, the draft AI Convention has been flying under the radar. But not for much longer. The Convention, also sometimes called the ‘AI Treaty’, has been drafted by the Council of Europe. If adopted, it will be the first legally binding international convention on AI. The latest draft is not the final version, but contains text that is still subject to negotiation. We’ve set out…

On December 22, 2023 the EU Regulation on harmonised rules on fair access to and use of data, also known as the Data Act, was published in the Official Journal of the European Union. It shall enter into force on the twentieth day following that of its publication, namely on January 11, 2024, and become applicable on September 12, 2025. The Data Act affects manufacturers of connected products and also providers of related services, including virtual…