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710 Publications

What is changing in each member's jurisdiction — enforcement, case law, new obligations.

710 articles
AI & automationLitigation

AUSTRIA: Is legal advice by software solutions and/or AI permitted in Austria?

In its judgment 4 Ob 77/23m from 27th June 2023 the Austrian Supreme Court, among other things, ruled that the provision of recommendations for action by software solutions and/or AI to lawyers in a legal advisory or automated manner is permissible and that the correspondence between lawyer and client may also take place entirely via a software platform as long as the confidentiality of the data is maintained. Another important finding is that it - according to the Supreme Court - is permissible to take success rates into account when selecting lawyers for clients. However, as an intermediary, the software platform may not demand a percentage of the lawyer's fee as a referral fee.

30 November 2023

AI & automation

ChaptGPT: the Italian Data Protection Authority leads the way and imposes GDPR compliance.

The Italian Data Protection Authority recently gained international attention for being the first to address the privacy risks of generative artificial intelligence, ordering the temporary restriction of the Italians’ data processing to OpenAI because of the violation of several GDPR rules. With the implementation of several measures to improve the compliance of this AI system with the GDPR, ChatGPT is back online again in Italy.

28 November 2023

Litigation

Waiting for Cjeu Ruling in the Matter of “Deutsche Wohnen” (C-807/21)

Since the end of December 2021, the preliminary ruling of the European Court of Justice (CJEU) on the conditions under which an administrative fine may be imposed on a legal entity for violating the GDPR has been pending. Since then, the Austrian Data Protection Authority and the administrative courts have suspended all proceedings against legal persons who have violated the GDPR pending the decision of the CJEU. This decision is now expected to be rendered on December 5, 2023.

23 November 2023

Legislation

Unveiling some salient features of Nigeria’s novel Nigeria Data Protection Act (NDPA) 2023.

For a period, the Nigeria Data Protection regulation (NDPR) 2019 was the reference point for data privacy and protection compliance in Nigeria. The enactment of the Nigeria Data Protection Act (“NDPA”) on June 12 2023 launched a new era in data privacy and protection regime. The Act laid to rest several controversial provisions, brought clarity to uncertainties, and contained several brand new provisions which shall form the crux of this article.

13 November 2023

AI & automationLegislation

Generative AI and the Protection of Personal Information under the Japanese Law

While generative AI has been getting attention in business, there has been a concern on the protection of personal information when using them. Recently, the Japanese Personal Information Protection Commission (“PPC”) has issued an Alert on the use of generative AI services, having the use of the generative AI service “ChatGPT” provided by OpenAI LLC. (“OpenAI”) in mind.

18 October 2023

International transfersLegislation

Cross-Border Data Transfer: Navigating Compliance under the Nigerian Data Protection Act 2023

The recently enacted Nigeria Data Protection Act (“the Act”) 2023 is now the principal data privacy and protection legislation in Nigeria, and it establishes the Nigeria Data Protection Commission (the Commission) to oversee the implementation of the Act. The Act provides data protection principles that are similar to many international data protection frameworks. Due to the significance and inevitable cross-border flow of personal data in the current era, and its likely impact on the data protection rights of data subjects, the Act has provisions that guide the transfer of personal data outside Nigeria by data controllers and data processors, with the privacy of data subjects at the fore.

11 October 2023

Brazil's innovative approaches to data protection: the main differences between GDPR and LGPD.

The General Data Protection Regulation (GDPR) and the Brazilian General Data Protection Act (LGPD) are two comprehensive data protection regulations that have gained significant attention worldwide. Both regulations emphasize the importance of obtaining individuals' consent for processing their personal data, but the LGPD introduces innovative elements such as exceptions to consent for credit protection and the recognition of data belonging to elderly individuals as high risk.

4 October 2023

Enforcement & finesMarketing & cookiesLitigation

AdTech Update: CJEU landmark data protection ruling for online and behavioral advertising

Online advertising is one of the largest online industries. However, it also has long faced issues with data protection regulators. The CJEU has handed down a landmark ruling that clarifies what legal bases controllers can rely on for online and behavioral advertising. This development follows several decisions relating to appropriate legal bases for processing data in the context of online and behavioral advertising.

2 October 2023

Legislation

Romanian Whistleblowing Law. About Protecting Data while Fostering Transparency

Romania transposed the EU Whistleblowing Directive on 22 December 2022, via Law No. 361/2022 on the protection of whistleblowers in the public interest ("Romanian Whistleblowing Law"). This article explores key aspects of the law, providing an overview of how Romanian legislation navigates the intersection of the public interest (of having wrongdoings revealed), whistleblower rights and GDPR compliance.

29 September 2023

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