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WilmerHale’s Guide to the EU Data Act - September 2024

Exactly one year from now, on September 12, 2025, the EU Data Act will enter into application. This new regulation provides harmonized rules on data access, switching cloud providers, and interoperability requirements across...more

Obligations for Deployers, Providers, Importers and Distributors of High-Risk AI Systems in the European Union’s Artificial...

In this blog post, we will focus on obligations that the European Union’s Artificial Intelligence Act (AI Act) sets for deployers, providers, importers and distributors regarding high-risk AI systems....more

What Are High-Risk AI Systems Within the Meaning of the EU’s AI Act, and What Requirements Apply to Them?

In this blog post, we will focus on the identification of “high-risk AI systems” under the Artificial Intelligence Act (“AI Act”) and the requirements applying to such systems. As explained in our previous blog posts, the AI...more

European Union AI Act Published in the Official Journal - Critical Milestones on the Road to Full Applicability

The EU Artificial Intelligence (AI) Act was published in the Official Journal of the European Union on July 12, 2024, as “Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down...more

Limited-Risk AI - A Deep Dive Into Article 50 of the European Union’s AI Act

This blog post focuses on the transparency requirements associated with certain limited-risk artificial intelligence (AI) systems under Article 50 of the European Union’s AI Act....more

Prohibited AI Practices - A Deep Dive into Article 5 of the European Union’s AI Act

This blog post focuses on Artificial Intelligence (AI) practices prohibited under the EU AI Act. Article 5 of the AI Act essentially prohibits AI practices that materially distort peoples’ behavior or that raise serious...more

The European Parliament Adopts the AI Act

On March 13, 2024, the European Parliament adopted the Artificial Intelligence Act (AI Act). It is considered to be the world’s first comprehensive horizontal legal framework for AI. It provides for EU-wide rules on data...more

The EU Updates the Way It Defines Markets

On February 8, 2024, the European Commission (Commission) adopted its revised Market Definition Notice (Notice), replacing a version that was nearly 30 years old. The Notice is not binding, but it provides guidance on how the...more

Details of the EU Data Act (3) - Enforcing the Data Act

On November 27, 2023, the Council of the European Union adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers, and interoperability requirements across the EU. The...more

The EU Reaches a Political Agreement on the AI Act

On December 8, representatives from the European Commission, the European Parliament, and the Council of the European Union (EU) reached political agreement on the shape and contents of the EU’s AI Act (the “Act”), setting...more

Details of the EU Data Act (2) - Obligations of Cloud and Other Data Processing Services: Switching and Interoperability...

On November 27, 2023, the Council of the European Union adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the EU. The...more

Details of the EU Data Act (1) - Data Access Rights and Obligations

On November 27, 2023, the Council of the European Union adopted the EU Data Act (Data Act), a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the...more

Almost there: The European Parliament passes the EU Data Act, with new rules for data access, switching cloud providers and...

On November 9, 2023, the European Parliament adopted the EU Data Act, a new regulation providing harmonized rules on access to data, switching cloud providers and interoperability requirements across the EU. It is widely...more

Certification Under the EU-U.S. Data Privacy Framework

On July 10, 2023, the European Commission adopted an adequacy decision for the new EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the successor to the EU-U.S. Privacy Shield, which the Court of Justice of the European Union...more

European Parliament Adopts Negotiating Position on the AI Act

On June 14, 2023, the European Parliament adopted its negotiating position regarding the proposal of the European Commission for a regulation laying down harmonized rules on artificial intelligence. This is the most recent...more

EU High Court Strikes Down Privacy Shield, Standard Contractual Clauses Remain in Place

The European Court of Justice (the “Court”) issued the long-awaited “Schrems II” decision. (see Facebook Ireland Ltd. v. Maximillian Schrems).   In its decision, the Court (1) struck down the Privacy Shield program that...more

GDPR in Times of Pandemic

Throughout the world, the coronavirus pandemic is creating enormous challenges. While data protection is not the main concern, the European Data Protection Authorities (DPAs) made it clear that the European General Data...more

European Data Protection in Times of Pandemic

Throughout the world, the coronavirus pandemic is creating enormous challenges. While data protection is not the main concern, the European Data Protection Authorities (DPAs) made it clear that the European General Data...more

Europe's Plan to Regulate AI

On February 19, 2020, the European Commission (“EC”) published a series of documents outlining its vision for Europe’s digital future. Amongst these, the EC’s White Paper on Artificial Intelligence: A European approach to...more

The European Data Protection Board Unveils Its Work Program Until 2020

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, unveiled a two-year work program on February 12, 2019....more

The Legal Basis for Processing Personal Data in the Context of Clinical Trials in the EU: The European Data Protection Board...

On January 23, 2019, the European Data Protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, adopted an Advisory Opinion...more

Data Protection Rules Could Seriously Impede Clinical Trials in Europe

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities and the European Data Protection Supervisor, recently adopted an Advisory Opinion (“Opinion”) on...more

The European Data Protection Board’s Second Report on the EU-U.S. Privacy Shield

The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities, and the European Data Protection Supervisor, adopted its report on the second annual review of the...more

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