QuisLex’s Post

🚨 New Data Law Draft Released in Vietnam Vietnam has unveiled its Draft Data Law for public comment on June 28, 2024. This legislation aims to regulate data handling and introduces new rules for data products and service providers. #DataLaw #Vietnam #TechRegulation #DataPrivacy

We're excited to attend the International Data Law Forum (IDLF). The inaugural conference in the Hague focuses on global data laws and regulations. Learn more about the event here: https://hubs.ly/Q02GyF2S0 #Data #LegalTech #LegalEvent

We delve into the inbuilt safeguards proposed by the DGA to foster trust in data sharing and reuse, helping #CDOs to navigate their rights and exploit the potential this often untapped data offers. To read the full blog post, click below: 👇

📢 The final text of the Data Act 📜 was adopted on 27 November 2023. ❗ Our quick law review provides a useful practical summary of the main rules of the Act, including its purpose, who it is addressed to and what activities it covers. 👀

A number of aspects of the #dataact can be highlighted. It is noteworthy from a #competitionlaw point of view that the Data Act applies competition law principles to the protection of innovation. This competition law innovation protection can be found in precedents of refusals to supply involving intellectual property rights (e.g. Magill, IMS Health, Microsoft). It is the 'new product' element of the exceptional circumstances test that prevents copying of the innovation. (see: Case T-201/04, Microsoft, para. 632.) According to the Data Act: "aim of this Regulation is [...] to foster the development of new, innovative connected products or related services, stimulate innovation on aftermarkets." (recital 32.) Interestingly, the Data Act determines the character of a new product depending on whether the connected product from which the data are obtained is considered interchangeable or substitutable by users, i.e. whether the two connected products compete on the same product market. (ibid.) 🤔 In previous Court practice, the new product and substitutability were not explicitly related. In its decision in the Microsoft case, the Commission made this determination. (Case COMP/C-3/37.792 Microsoft, para. 466.)

It is a pleasure to inform that in the latest issue of European Data Protection Law Review you can find my article on the excessive use of data access rights. In this piece I argue that Data access right is the first step to guarantee full control of data subject over how their data is processed. However, this is also one of the rights which fulfilment may be the most disturbing for various controllers. Even though the general rule is that a controller shall always complete the request of a data subject, under certain circumstances it is possible to refuse to fulfil the request. In this article the I present situations in which a controller is allowed to restrain itself from completing data subject’s request. The research has been conducted at Uniwersytet Wrocławski and Georgia Tech School of Public Policy

💡 Münster Colloquia 💡 Christiane Wendehorst spoke at the Münster Colloquia on EU Law and the Digital Economy organised by the Universität Münster on 11 January 2024. The topic of the event was the 𝐃𝐚𝐭𝐚 𝐀𝐜𝐭, the Regulation on harmonised rules for fair access to and use of data. The Data Act is an important milestone in the emerging law of the #data #economy. It regulates the conditions under which #value can be created from #data. 📊📈 Wendehorst is a well-known international expert in data law and data protection law. Together with Neil B. Cohen, Christiane Wendehorst has developed a set of 𝐏𝐫𝐢𝐧𝐜𝐢𝐩𝐥𝐞𝐬 𝐟𝐨𝐫 𝐝𝐚𝐭𝐚 𝐭𝐫𝐚𝐧𝐬𝐚𝐜𝐭𝐢𝐨𝐧𝐬 𝐚𝐧𝐝 𝐝𝐚𝐭𝐚 𝐫𝐢𝐠𝐡𝐭𝐬 that take into account the interests of different stakeholders in the data economy and can be implemented in any legal system. (Access the Principles here: https://lnkd.in/d-rkiu83) 📝 ⚖ Additionally, Christiane Wendehorst is a member of the 𝐄𝐮𝐫𝐨𝐩𝐞𝐚𝐧 𝐄𝐱𝐩𝐞𝐫𝐭 𝐆𝐫𝐨𝐮𝐩 𝐨𝐧 𝐁2𝐁 𝐃𝐚𝐭𝐚 𝐒𝐡𝐚𝐫𝐢𝐧𝐠 𝐚𝐧𝐝 𝐂𝐥𝐨𝐮𝐝 𝐂𝐨𝐦𝐩𝐮𝐭𝐢𝐧𝐠 for the European Commission. Within the framework of this Expert Group, Wendehorst has worked on developing contractual clauses for the relationship between a data holder and a third-party data recipient. (More information on the Expert Group: https://lnkd.in/dDBKJ-jH) 🇪🇺 More information on the Münster Colloquia can be found here: https://lnkd.in/d6TbppTJ #data #law #expert #principles #data #economy #dataact

How is data protection in the UK changing, following the Retained EU Law Act 2023 reforms? It was great to sit down with our data protection expert Kathryn Wynn and put our heads together on that one, and we've set our thoughts out in this article: https://lnkd.in/ewxNigqb

Today CIPL’s Director of Privacy and Data Policy, Natascha Gerlach CIPP/E led a panel at the International Data Law Forum in the Hague titled ‘Ariadne’s Thread: Operationalizing Emerging Overlapping Digital Legislations in Europe and Beyond’ alongside Christopher Schmidt, FIP CIPP/E CIPM CIPT CDPO/BR (Workday), Cecilia Alvarez (Meta), Francesca Casalini (OECD - OCDE), Mariano Peruzzotti (Ojam Bullrich Flanzbaum), and Emma Bree (Autoriteit Persoonsgegevens (Dutch DPA)). Following an in depth discussion of the increasingly complex regulatory environment, panelists examined the diverse risk assessment requirements of the various laws and the resulting variability in compliance obligations, and discussed best practices and strategies for adapting in this quickly-evolving regulatory landscape. In particular, the discussion: - Emphasized that cooperation between all stakeholders involved (regulators, organisations, civil society, and technical experts) will be key for successful implementation of new laws under the EU’s Digital Strategy - Highlighted the increasing need for technical knowledge for effective regulatory actions, stressing the importance of knowledge sharing between regulators and organisations developing technologies, as well as capacity building. In this context, organisations have to ensure the diversity of teams involved in the development of technologies and compliance efforts - Outlined how some of the challenges related to implementing new digital laws might be hindered by fundamental issues that have not been historically addressed. These issues include joint controllership, interpretation of anonymisation, data deletion, and data minimisation - Concluded that there are varying approaches to regulating data, but there is a lack of a general approach to data regulation, which might create fragmentation and lead to legal uncertainty We hope all attendees enjoyed the conversation! #EU #data #regulation #event

Ethical data analytics is not just about following the law; it's about doing the right thing. By adhering to these core principles, businesses can build trust, comply with regulations, and fulfill their social responsibilities.