Elisabeth Dehareng, Author at Connect On Tech

In EU GDPR

The protection of gender identity under the GDPR

October 9, 2024 by Dr Lukas Feiler, Elisabeth Dehareng, Francesca Gaudino, Magalie Dansac Le Clerc, Vinod Bange and Prof. Dr. Michael Schmidl 5 Mins Read

While the GDPR imposes strict rules on sensitive data processing, gender identity does not automatically fall under this category. Only personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data processed to uniquely identify a natural person, health data, and data concerning a natural person’s sex life or sexual orientation are explicitly protected as sensitive data by the GDPR. Consequently, the European Court of Justice…

In EU GDPR

GDPR compliance and inclusion: striking the right balance

October 3, 2024 by Dr Lukas Feiler, Elisabeth Dehareng, Francesca Gaudino, Magalie Dansac Le Clerc, Vinod Bange and Prof. Dr. Michael Schmidl 7 Mins Read

GDPR compliance and inclusion: striking the right balance The General Data Protection Regulation (GDPR) generally prohibits the processing of sensitive data relating to, e.g., an individual’s sexual orientation, religious affiliation, health information or ethnic background unless certain prescribed exceptions are met. In practice, this can be an obstacle for inclusion and diversity initiatives. In today’s challenging labor market, companies are asking themselves how they can become even more attractive to applicants and employees from diverse…

In AI Act

EU AI Act: Diversity and inclusion prevails over data protection

September 30, 2024 by Dr Lukas Feiler, Elisabeth Dehareng, Francesca Gaudino, Magalie Dansac Le Clerc, Vinod Bange and Prof. Dr. Michael Schmidl 3 Mins Read

The use of Artificial Intelligence (AI) can, inadvertently, give rise to issues relating to data protection compliance and equality law. However, used properly, it also provides a unique opportunity to combat implicit systematic discrimination. The new EU AI Act supports such an optimistic approach towards AI. Discrimination through non-automated processes In the public discourse on AI and the associated risks of discrimination, it is often overlooked that human decisions could be unconsciously based on non-objective…

In Cybersecurity

Is Europe ready for NIS2?

The deadline for Member State implementation of NIS2 is less than a month away, but the majority of Member States we surveyed are likely to miss this deadline. This raises practical compliance challenges for multinationals in Europe, but there are concrete steps organisations can and should take now to prepare. NIS2 repeals and replaces the NIS Directive and harmonizes the EU’s existing cybersecurity framework. It imposes more onerous cybersecurity obligations on entities in a wider…

In AI Act

EU AI Act Published: Dates for Action

July 12, 2024 by Ben Allgrove, Vinod Bange, Karen Battersby, Helen Davenport, Elisabeth Dehareng, Cristina Duch, Dr Lukas Feiler, Francesca Gaudino, Kathy Harford, Megan McGleenon, Sue McLean, Jose María Méndez, Prof. Dr. Michael Schmidl, Eva-Maria Strobel and Florian Tannen 4 Mins Read

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…

In Data Privacy

Data minimization: An increasingly global concept

May 10, 2024 by Helena Engfeldt and Elisabeth Dehareng 8 Mins Read

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 Digital Media & Content

Landmark Ruling Affirms Direct Applicability of Collective Redress Directive – With Far-Reaching Implications for the Private Enforcement of Digital Rights

April 16, 2024 by Dr Lukas Feiler, Beat Koenig, Elisabeth Dehareng, Francesca Gaudino and Magalie Dansac Le Clerc 4 Mins Read

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…

In EU GDPR

IAB Europe CJEU decision: key takeaways and impact for the AdTech industry

April 10, 2024 by Magalie Dansac Le Clerc, Elisabeth Dehareng, Juliette Leportois, Caroline Serbanescu, Quentin Fontaine and Juliette Gomes 12 Mins Read

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…

In Artificial Intelligence

EU AI Act finally adopted: what’s next?

March 13, 2024 by Kathy Harford, Karen Battersby, Elisabeth Dehareng, Dr Lukas Feiler, Jose María Méndez, Vinod Bange, Francesca Gaudino, Florian Tannen, Prof. Dr. Michael Schmidl, Ben Allgrove, Kate Alexander, Cristina Duch and Sue McLean 7 Mins Read

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…

In Data Privacy

New EU regulation on digital evidence opens up risk of data misuse

February 9, 2024 by Dr Lukas Feiler, Mark Nemeth, Vinod Bange, Eva-Maria Strobel, Francesca Gaudino and Elisabeth Dehareng 6 Mins Read

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…