Magalie Dansac Le Clerc, Author at Connect On Tech

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 Digital Media & Content

A legal framework for NFTs and other tradeable assets in video games: the Great French Experiment

April 15, 2024 by Magalie Dansac Le Clerc, Marlyse Lissan and Juliette Gomes 5 Mins Read

On 10 April 2024, the French National Assembly adopted the Bill on Securing and Regulating the Digital Space (known as the “SREN Bill”), following the Senate’s validation a week earlier. The Bill contains a multitude of provisions, regarding a variety of important topics in the digital realm such as the protection of children online and reducing dependence of French companies on cloud service providers. The bill is expected to become law in the coming weeks.…

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 Data Privacy

France introduces new law to enhance the protection of children’s rights in France

March 19, 2024 by Magalie Dansac Le Clerc and Juliette Leportois 5 Mins Read

For the first time, France has adopted a law protecting children’s privacy through the lens of right to their image: the Law n°2024-120 of February 19, 2024 (“Children’s Image Rights Law”). Unlike standards or bills related to the sharing of children’s personal data which may exist in other countries (e.g., UK Age Appropriate Design Code, California bill on collection of personal information of a consumer less than 18 years of age), which apply to data…

In Cybersecurity

Celebrating Data Privacy Day 2024

January 29, 2024 by Anne-Marie Allgrove, Anne Petterd, Adrian Lawrence, Toby Patten, Caitlin Whale, Liz Grimwood-Taylor, Zhenyu Ruan, Michael Wang, Marcia Lee, Dominic Edmondson, Jennifer Lau, Daniel Pardede, Adhika Wiyoso, Wiku Anindito, Bimo Harimahesa, Kensaku Takase, Daisuke Tatsuno, Andre Gan, Trishelea Sandosam, Bienvenido A. Marquez III, Divina Ilas-Panganiban, Ken Chia, Victoria Wong, H. Henry Chang, Louis Hsieh, Pattaraphan Paiboon, Kritiyanee Buranatrevedhya, Manh Hung Tran, Huyen Minh Nguyen, Huu Tuan Nguyen, Maher Ghalloussi, Dr Lukas Feiler, Beat Koenig, Alexander Hofmann, Elisabeth Dehareng, Caroline Serbanescu, Milena Hoffmanová, Lenka Bešťáková, Dusan Hlavaty, Magalie Dansac Le Clerc, Prof. Dr. Michael Schmidl, Matthias Scholz, Michaela Nebel, Florian Tannen, Simone (Bach) Rieken LL.M., Ines K. Radmilovic, Dr. Csaba Vári, Francesca Gaudino, Annie Elfassi, Kyllian Talbourdet, Remke Scheepstra, Nathalja Doing, Radoslaw Nozykowski, Marcin Fialka, Martyna Czapska, Jakub Falkowski, Janet McKenzie, Fatima Ismail, Patricia Pérez, Pablo Uslé, Peder Oxhammar, Margarita Kozlov, William Höglund, Alessandro Celli, Johanna Moesch (Mösch), Can Sozer, Ecem Elver, Oleksiy Stolyarenko, Dmytro Skydan, Khrystyna Oleniuk, Vinod Bange, Benjamin Slinn, Robbie Downing, Ian Walden, Tamara Mackay-Temesy, Guillermo José Cervio, Roberto Grane, Martin Roth, Valentina Biondi Grane, Catalina Benatena, Flavia Rebello, Ludmila Lago, Theo Ling, Conrad Flaczyk, Nadia Rauf, Diego Ferrada, Carolina Pardo, Carlos Arboleda, Carlos Vela-Trevino, Daniel Villanueva-Plasencia, Paulina Bojalil, Teresa Tovar, Brian Hengesbaugh, Cynthia Cole, Lothar Determann, Justine Phillips, Rachel Ehlers, Helena Engfeldt, Jonathan Tam, Cristina Messerschmidt, Maria Eugenia Salazar-Furiati and Hector Martinez 2 Mins Read

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,…

In Data Privacy

Getting ready for the EU Data Act

January 8, 2024 by Michaela Nebel, Magalie Dansac Le Clerc, Florian Tannen, Elisabeth Dehareng, Prof. Dr. Michael Schmidl, Dr Lukas Feiler, Vinod Bange, Jose María Méndez, Pablo Uslé, Patricia Pérez, David Molina, Francesca Gaudino and Kathy Harford 6 Mins Read

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…

In Digital Media & Content

French digital majority: new law compels social network service providers to move beyond age gating into age verification

December 22, 2023 by Magalie Dansac Le Clerc, Marlyse Lissan and Aurelie Djiha 7 Mins Read

A law aimed at establishing a digital majority and combating online hate (the “Digital Majority Law” or “Law”) was enacted on 7 July 2023[1]. 1. The Digital Majority Law creates new obligations for social network service providers operating in France. According to this Law, an online social network service is defined as “any platform enabling end-users to connect and communicate with each other, share content and discover other users and content, across multiple devices, in…

In Data Privacy

Key Takeaways From India’s Digital Personal Data Protection Bill, 2023

On August 9, India’s Digital Personal Data Protection Bill, 2023 (“DPDP Bill”) passed both houses of the Indian Parliament and now awaits Presidential assent. In 2017, India’s Supreme Court mandated that privacy is a fundamental human right. Since that time, India has been working to pass data protection legislation. The DPDP Bill is India’s fifth draft of the bill. The DPDP Bill only applies to the processing of digital personal data in India, where the personal…

In Data Privacy

European Commission adopts “adequacy” decision for the EU-U.S. Data Privacy Framework (“DPF”)

On July 10, 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“DPF”). US companies that participate in the DPF will be deemed to provide “adequate protection” under Article 45 of the EU General Data Protection Regulation (“GDPR”) for personal data transfers received from the European Union (“EU”) and European Economic Area (“EEA”). Why did the EC need to adopt the adequacy decision for the DPF? As we have previously written, the…

In Data Privacy

US Government Announces Full Implementation of New Privacy Safeguards under Executive Order 14086: The Path is Now Cleared for the European Commission to Adopt the Adequacy Decision for the EU-U.S. Data Privacy Framework

The US Office of the Director of National Intelligence (“ODNI”) announced today that it has fully implemented new safeguards under Executive Order 14086. See INTEL – ODNI Releases IC Procedures Implementing New Safeguards in Executive Order 14086. These steps clear the path for the European Commission to adopt the draft “adequacy decision” for cross-border data transfers pursuant to the EU-U.S. Data Privacy Framework. By way of brief background, in July 2020, the Court of Justice…