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The European Data Protection Board publishes draft Guidelines on legitimate interest under GDPR for consultation

On 9 October 2024, the European Data Protection Board (EDPB) published its draft Guidelines on the processing of personal data based on legitimate interest for public consultation. The draft Guidelines, adopted on 8 October...more

CJEU Commercial interests of controller can serve as a legitimate interest

The CJEU considered: (a) whether a legitimate interest of the controller or third party must be determined by law, and (b) whether provision of personal data of the members of a sports federation to third parties in return...more

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

The OPC and other privacy authorities release new resolutions on the privacy of employees and young people

The Office of the Privacy Commissioner of Canada (the OPC) published two new resolutions which aim to protect the privacy of employees and young people, on 6 October 2023. The resolutions follow concerns of privacy federal,...more

India – Digital Personal Data Protection Act receives Presidential assent

The President of India gave assent for the Digital Personal Data Protection Bill 2023 on 11 August 2023, a matter of days after it had been passed by both the Lower and Upper House. The Digital Personal Data Protection Act...more

US – White House announces voluntary commitments from key AI companies to manage safety, security and trust risks posed by AI

The White House announced on 21 July 2023 that seven companies involved in development of artificial intelligence (AI) technology had voluntarily committed to manage the risks posed by AI. These companies are: Amazon,...more

EU - New EU Regulation to complement GDPR by clarifying cross-border enforcement procedures unveiled

The European Commission published its Proposal for a Regulation (on 4 July 2023) laying down additional procedural rules relating to the enforcement of GDPR (the Proposal), which aims to complement the GDPR by specifying the...more

EU - EDPB issues final guidelines on the calculation of administrative fines

The European Data Protection Board (EDPB) published the final version of the Guidelines on the calculation of administrative fines under the GDPR (Guidelines) on 7 June 2023. The Guidelines aim to harmonize the approach to...more

Pakistan – MITT releases final draft of the personal data protection bill

The Pakistan Ministry of Information Technology and Telecommunication (MITT) released a new draft of the Personal Data Protection Bill, 2023 (the PDPB) on 19 May 2023. The PDPB aims to regulate the collection, processing,...more

Compensation claims under the GDPR unpicking the latest EU and English case law and looking ahead

The first week of May 2023 saw further EU case law emerge on the right to compensation under the GDPR, and in this blog we analyse the implications of these latest rulings and consider what may be coming next....more

European Parliament committees adopt their vision on the AI Act proposal

The European Parliament’s committees for Civil Liberties, Justice and Home Affairs (LIBE) and for Internal Market and Consumer Protection (IMCO) adopted a report setting out the Parliament’s vision for the proposed EU...more

CJEU clarifies key aspects of the GDPR: an overview of recent cases

The Court of Justice of the European Union (CJEU) issued on 4 May 2023 three decisions in cases concerning interpretation of key aspects of the GDPR. It also published three opinions of the Advocate General (AG). Below is a...more

CJEU rules that national derogations on employees data protection must respect the conditions and limits of Article 88 GDPR

The Court of Justice of the European Union (CJEU) considered appropriate conditions that apply in respect of specific national legislation which EU member states may adopt under Article 88 GDPR to regulate the processing of...more

EDPB updates the guidelines on data breach notification, addresses data processing in upcoming AML legislation

The European Data Protection Board (EDPB) held its 77th plenary meeting on 28 March 2023. The EDPB considered the following key topics...more

New French law will require reporting of cybersecurity incidents within 72 hours to benefit from insurance coverage

On 25 January 2023, France’s Orientation and Programming Law of the Ministry of the Interior (LOPMI) was published in the Official Journal. LOPMI amends various legislative acts, including the French Insurance Code....more

CJEU rules that national courts must consider the interests of individuals when ordering data disclosure in civil litigation

The Court of Justice of the European Union (CJEU) published its decision in Norra Stockholm Bygg AB v Per Nycander AB, C-268/2021 (Norra) on 2 March 2023. The CJEU held that the GDPR applies, in civil court proceedings, to...more

EDPB publishes opinion on the draft adequacy decision for the EU-US Data Privacy Framework

The European Data Protection Board (EDPB) issued its opinion on the draft adequacy decision of the European Commission (Draft Decision) regarding the EU-US Data Privacy Framework (DPF) on 28 February 2023. The DPF is a...more

Italy - Garante restricts personal data processing by an AI chatbot that generates a 'virtual friend'

The Italian supervisory authority (Garante) issued an urgent order against Luka Inc. (Luka), a US-based developer and operator of the online app “Replika” (Replika), an artificial intelligence (AI) chatbot on 2 February 2023....more

WEF publishes white paper on overcoming the barriers to international data flows

The World Economic Forum (WEF), an influential international non-governmental organisation for public-private cooperation, published its white paper on overcoming the barriers to international data flows on 16 January 2023....more

EU top court rules that controllers must disclose actual identity of data recipients in response to data subject access request

The Court of Justice of the European Union (CJEU) delivered its judgment in Case C-154/21 Österreichische Post (the Österreichische Post case) on 12 January 2023. The case relates to the interpretation of Art. 15(1)(c) GDPR,...more

OECD countries adopt a declaration on government access to private sector data for national security and law enforcement purposes

The OECD countries adopted the first intergovernmental declaration setting out common approaches to providing privacy and data protection safeguards for governmental access to personal data held by private sector (on 14...more

EDPBs October plenary harmonisation of GDPR enforcement, a new Data Protection Seal and updated guidance

On 12 October 2022, the European Data Protection Board (EDPB) announced the outcomes of its plenary meeting held on 10 October 2022....more

Netherlands - VoetbalTV decision offers no further clarity on validity of a purely commercial interest as a legitimate interest...

On 27 July 2022, the Council of State (RVS), the highest administrative court of the Netherlands, published its decision in the VoetbalTV case regarding the interpretation of the legitimate interest legal basis for...more

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