On September 6, 2023, the European Commission (EC) returned from its summer break with full force and announced the designation of six tech companies as so-called “gatekeepers” under the EU’s Digital Markets Act (DMA) and

Continue Reading Into the Final Stretch: Six Gatekeepers Confirmed Under the EU’s Digital Markets Acts

On August 9, 2023, the UK’s Information Commissioner’s Office (ICO) and Competition and Markets Authority (CMA) released a joint position paper (the Paper) focused on “harmful” website design practices that may “trick” consumers into giving more access to their personal information. The Paper is targeted at web designers and developers, and it will be particularly relevant to consumer-facing organizations that target the UK market. It builds on joint work that the ICO and CMA have been engaged in since May 2021, when the regulators issued a joint statement promising a “joined up approach to regulation.” Announcing the Paper’s release, the ICO also revealed that it will be assessing cookie banners of the most frequently used websites in the UK, with a view to taking action against harmful designs.Continue Reading UK Regulators Signal Increased Focus on “Damaging” Website Design Practices

On July 10, 2023, the European Commission (EC) adopted an adequacy decision in relation to the EU-U.S. Data Privacy Framework (DPF). This paves the way for organizations to certify to the DPF, reducing friction for transfers of personal data from the EU to the U.S., and allowing companies to simplify their compliance with EU data flow restrictions. It thus represents a major development in the regulation of data flows from the EU to the U.S.Continue Reading EU and U.S. Finalize Data Privacy Framework: Here’s How to Get Certified

In a landmark judgment issued on July 4, 2023, the European top court, the Court of Justice (ECJ), ruled that competition authorities in the EU can consider a company’s compliance with the EU’s data protection rules when assessing whether it abused its dominant position. In addition, the ECJ ruled on important General Data Protection Regulation (GDPR) clarifications on the legal bases for personalized advertising.

The judgment sets out how competition agencies should cooperate with data protection agencies when conducting competition investigations involving the consideration of whether a company’s data collection and processing practices comply with EU data protection rules.Continue Reading EU’s Top Court Rules That Competition Authorities Can Consider Data Protection Breaches in Their Investigations

On July 4, 2023, the European Commission (EC) published its proposal for a regulation laying down additional procedural rules for the enforcement of the EU General Data Protection Regulation (GDPR) (proposal). The proposal focuses on procedural issues relating to handling complaints and conducting investigations in cross-border cases.1 The proposal adds to the procedural rules laid down in the GDPR and addresses certain practical issues and gaps. In particular, the proposal harmonizes at an EU-level the rules on complaint admissibility, strengthens due process rights for complainants and defendants, and streamlines cooperation between supervisory authorities (SAs, i.e., national data protection authorities or DPAs). If it is eventually enacted, the proposal would be of considerable importance in facilitating the enforcement of the GDPR in cross-border cases.Continue Reading European Commission Proposes New Rules for Cross Border GDPR Enforcement

A significant milestone in the legislative process of the AI Act has been reached with the vote of the European Parliament (EP) on June 14, 2023. The text now enters a new phase, during which all three EU institutions (the Council of the EU (Council), the EU Commission (EC), and the EP) will work towards an agreement on the final text.

The fast-moving developments and growth of AI have garnered significant political pressure, pushing the EU institutions to finalize the text. Spain, which will assume the presidency of the Council as of July 1, 2023, has stated that finishing the AI Act will be a top priority on its agenda. This alert summarizes the key changes proposed by the EP and what to expect next.Continue Reading What’s Next After the EU Parliament’s Position on the Draft AI Act?