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Vinod Bange

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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…

On 6 July 2023, the United Kingdom (“UK”) became the first country to be granted Associate status in the Global Cross Border Privacy Rules (“CBPR”) Forum. In addition to the benefits of sharing best practices and pursuing interoperability with other privacy frameworks, the Global CBPR Forum seeks to establish and promote adoption of the Global Cross-Border Privacy Rules (CBPR) System and Global Privacy Recognition for Processors (PRP) System to facilitate data protection and free flow…

Brief refresher on the Children’s Code: In 2020, the ICO published its Age appropriate design: a code of practice for online services (the “Code”). The Code set out 15 standards applicable to information society services (“ISS”) aimed at or likely to be accessed by children, requiring the “best interests” of the child to be the primary driver of product and service design. We have published an article setting out the aims of the Code and…

In today’s digital economy, the ability to access and use data effectively is critical for economies to grow and drive innovation. Global data production is expected to increase by 530% between 2018 and 2025. In response to this opportunity, the European Commission (“EC”) outlined the European Data Strategy in 2020, one of its main objectives being to create a single common data market based on a harmonised framework for data exchange. This framework encompasses new…

As businesses become more data-centric, there is an emerging trend to seek smarter ways to use the massive volumes of data generated, Utilizing and sharing that data, however, comes with associated risks, for example a loss of control of confidential information or sensitive personal data, thereby limiting the potential of how such vast datasets can be used. But maybe not anymore! The production and use of synthetic data is poised to become one of the…

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…

The European Data Act is part of a comprehensive package of data-focused regulations proposed in February 2020 to achieve Europe’s data strategy. The strategy recognises that individuals are at the centre of data generation and that the use of personal data must prioritise its data subject’s protection but it also identifies that much of the data created is non-personal and represents an untapped source of growth and innovation. This is why the EU seeks to strike a…

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…

Core to the one-stop shop mechanism, the EDPB serves as an independent umbrella organisation for the European data protection authorities (DPAs). The EDPB’s role is central to ensuring consistent application of the GDPR across the EU and also settle disputes in matters of cross-border processing where a group of DPAs are unable to agree on a cross-border decision. The EDPB issued two (2) key guidelines on May 24, 2023: Guidelines 03/2021 on the application of GDPR Article…

AI is all the rage right now, especially generative AI, which generates user content (text, photos, audio, and video) based only on prompts. Some contend that generative AI’s ‘prompt’ model has sparked a technological revolution, so it’s not surprising that a slew of companies want to be a part of it. However, generative AI tools are only as good as the data they are fed as their models are trained, using a repository of existing data, to…