Secure Privacy’s Post

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

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.)

If the famous privacy Lawyer, Max Schrems is going to start taking Supervisory Authorities to court for failing to take on and adequately/competently investigate complaints about data rights violations, noyb.eu is going to be very busy. There appears to be only a handful of Information Commissioner's withi the EU proactively investigating and enforcing the DP laws. Our own Jersey Office of the Information Commissioner, is busy investigating complaints, but nobody hears about the results because the Commissioner is not allowed to make their finding public without the approval of the Authority, so only a small percentage I would say are made public. For organisations to take the law seriously, this approach must change. Keep an eye on this case, it will be interesting if any other SAs are added to the list. https://lnkd.in/ez2_v32G

The Draft Regulation on the Procedures and Principles Regarding the Transfer of Personal Data Abroad (“Draft Regulation”) was published on the website of the Personal Data Protection Authority (“KVKK/Authority”) and submitted for public opinion until 20 May 2024. #KVKK #GDPR #personal #data #personaldata #datatransfer #dataprotection #dataprivacy #datasecurity #privacy #draft #regulation #public #opinion #legal #compliance #legalnews #legislation #law #advocacy #zumbullaw https://lnkd.in/dC3--jFY

We have published a new Paksoy briefing: “Bill to amend Turkish Data Protection Law is submitted to Parliament”. You can reach the briefing here: https://lnkd.in/d4zJriZJ

Is it illegal to make automated decision making? On the 17th the Dutch "Tweede Kamer" commission for Digital affairs, made discussion that was heavily citing that automated decision making is not allowed according to GDPR. The original premise of the party members was that the first ever #CJEU ruling on #GDPR (link below in English) meant that automated decision making is forbidden in the #GDPR/#AVG, I do not know what information you've been given, but this is not the case. The court ruling shows that the rights of the individual were not violated by said automated decision, but that their right for human intervention AND that their right to transparency about the automated decision was denied. It further goes into how EU law is in this case in conflict with German law around credit rating. So let me emphasize this; It is NOT illegal to make automated decision making, and the GDPR is very clear about what the rights of the individual are when such decision making takes place. @JSixDijkstra, Stephan van Baarle, Barbara Kathmann, Harmen Krul, Wim Meulenkamp, Jan Valize, Hanneke van der Werf, Alexandra van Huffelen

EDPL 1/2024 - 𝗢𝘂𝘁 𝗡𝗼𝘄 The latest issue of the European Data Protection Law Review is out now! 📝A short overview of what to expect in this issue: •"𝐎𝐕𝐄𝐑𝐕𝐈𝐄𝐖 𝟐𝟎𝟐𝟑: 𝐂𝐚𝐬𝐞 𝐋𝐚𝐰 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐉𝐄𝐔 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐄𝐂𝐭𝐇𝐑, 𝐂𝐨𝐮𝐧𝐭𝐫𝐲 𝐑𝐞𝐩𝐨𝐫𝐭𝐬 𝐚𝐧𝐝 𝐁𝐨𝐨𝐤𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐘𝐞𝐚𝐫 - Case Law of the CJEU and the ECtHR, Country Reports and Books of the Year” by Maria Tzanou, Bart van der Sloot, Christina Etteldorf, Gloria González Fuster ➜ 𝐎𝐏𝐄𝐍 𝐀𝐂𝐂𝐄𝐒𝐒 •"𝐃𝐚𝐭𝐚 𝐆𝐨𝐯𝐞𝐫𝐧𝐚𝐧𝐜𝐞 𝐑𝐞𝐝𝐞𝐟𝐢𝐧𝐞𝐝: The Evolution of EU Data Regulations from the GDPR to the DMA, DSA, DGA, Data Act and AI Act " by Maitrayee Pathak •"𝐅𝐫𝐚𝐧𝐜𝐞 𝐚𝐧𝐝 𝐆𝐞𝐫𝐦𝐚𝐧𝐲 ∙ Amazon Fined by CNIL for Excessive Monitoring of Employees in France – Is the Situation in Germany Contrary to This?” by Sven Braun •” 𝐏𝐫𝐚𝐜𝐭𝐢𝐭𝐢𝐨𝐧𝐞𝐫𝐬’ 𝐂𝐨𝐫𝐧𝐞𝐫 ∙ How Effectively Do Consent Notices Inform Users About the Risks to Their Fundamental Rights?" by Paul Grassl, Nina Gerber, Max von Grafenstein 𝗘𝗱𝗶𝘁𝗼𝗿𝗶𝗮𝗹: Bart van der Sloot Explore more about the latest issue of EDPL here ➡ https://loom.ly/ZN9uBxU

📲 Data Protection Reform in the UK Data protection law is in a constant state of flux globally, driven by new guidance, cases, enforcement action, and emerging technologies (hello, generative AI!). The UK is no exception, especially post-Brexit. The journey began with the Data Protection and Digital Information Bill under Boris Johnson. It evolved through various stages and names, finally becoming the Data Protection and Digital Information Bill 2023. Despite much anticipation, progress stalled. There was hope it would pass before the summer recess, but... On 22 May, Rishi Sunak called for an election on 4 July. By 23 May, it was clear the Bill wouldn’t be part of the government's ‘wash-up’ session, leaving commentators to declare it “dead” for now. What’s next? If Labour wins, they might not prioritise data protection reform. However, there's a rumour of potential Labour-led reform this Autumn, which could also address AI. Stay tuned! Follow us on LinkedIn for the latest updates on this ever-changing landscape! 📲🔍 Click here for more Data Protection news: https://lnkd.in/enPmyRyf Louise Thompson Sarah Wheadon Kate S. #DataProtection #UKGDPR #UKLaw #TechNews #GenerativeAI #StayInformed

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 Safeguards Offered in the Brazilian General Data Protection Law and the General Data Protection Regulation in the Face of the Lack of an Adequacy Decision (ROMAN, J.) — After some months of waiting, delighted with the wonderful result of the book “Hermeneutic Dialogues between Private International Law and Public International Law - Vol. 2 (SQUEFF, T.; FARIAS, I.; PALUMA, T.; MOSCHEN, V.)” published by Tirant Brasil. I had the opportunity to contribute to international transfers and data protection standards in comparison between the Brazilian Data Protection Law and the General Data Protection Regulation. Regarding that, the most important value of comparison studies is considering the differences and similarities to better understand each case. In other words, my personal opinion is when we compare jurisdictions and specific kinds of regulations it is not about choosing the best, but understanding how the approaches are more adequate in different kinds of situations. Divided into seven parts, the book covers a variety of topics, including Private International Law, Trade and Consumption at the International Level, International Public Law, Human Rights National Systems, in addition to Regional Courts of Human Rights. The article I collaborated with is titled International Data Transfer: The Safeguards Offered in the Brazilian General Data Protection Law and the General Data Protection Regulation in the Face of the Lack of an Adequacy Decision (ROMAN, J.) between pages 181 and 204. I would like to double thank the Uberlandia Federal University Prof. Dr. Tatiana Squeff for the opportunity and trust in my work. More info: https://lnkd.in/dEGzpAtR #dataprotection #cybersecutity #LGPD #GDPR #adequacydecision #safeguards #globalcorporaterules #standardcontractclauses