Yann Padova

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In 2024, businesses will continue to face an evolving landscape of privacy opportunities and challenges, including an increasingly complex data regulatory environment that extends beyond the General Data Protection Regulation (GDPR). With heightened scrutiny from regulators, consumers, and investors, the need to bolster privacy and data management practices has become even more important. Here’s our top 10 list of what to watch for in the privacy and data regulatory space in 2024:Continue Reading 10 Privacy Predictions in the EU for 2024

On December 8, 2023, the EU finally agreed on the world’s first comprehensive legal framework on AI: the AI Act. EU lawmakers reached a political agreement on a series of controversial issues after record-long negotiations. They are expected to formally adopt the agreed text within the next couple of months. If adopted, the AI Act will ban certain AI systems, regulate general purpose AI (GPAI), impose heavy obligations on high-risk AI systems, subject to high fines, and support innovation through regulatory “sandboxes.” The AI Act will have an extraterritorial reach. Being the first law of its kind globally, the AI Act has the potential to establish a benchmark for AI regulation in other regions, just as the EU General Data Protection Regulation (GDPR) has accomplished.Continue Reading EU Lawmakers Reach Political Agreement on the AI Act

Individuals are increasingly making use of their right to access their personal data under applicable privacy laws in the EU.

It can be a challenge for companies to handle such requests, and in particular, if a request concerns a complex data set, there are a high number of requests, or the right is exercised for strategic reasons, such as in HR or legal disputes. The right of access is, however, not absolute, and its restrictions vary across Member States, adding further complexity to the matter. How to handle such requests and apply these restrictions is commonly set out in internal policies and procedures. We set out below the current landscape as well as a recent enforcement trend.Continue Reading Weaponization of Data Subject Access Requests in the EU

The Online Safety Bill (OSB or Bill) passed its final reading in the UK’s Parliament in September 2023. The Bill will become law in the coming weeks, ushering in a new era for the regulation of digital services in the UK. Online platforms and search services that fall within the scope of the legislation will be subject to proactive content risk assessment and mitigation duties oriented at protecting users, regardless of where those services are established. The Bill has attracted considerable media attention due to its anticipated impact on the operation of online services in the UK, as well as the potential for it to interfere with freedom of speech.Continue Reading Flagship Online Safety Bill Moves Closer to Enactment in the UK: Who Will Be in Scope and What Will It Require?

On August 24, 2023, some members of the Global Privacy Assembly’s International Enforcement Cooperation Working Group published a joint statement on data scraping (Statement). Signatories to the Statement include the privacy regulators of the UK, Australia, Argentina, Canada, Colombia, Hong Kong, Jersey, Mexico, Morocco, New Zealand, Norway, and Switzerland.[1] Notably absent from the list of signatories were the U.S. Federal Trade Commission and the California Privacy Protection Agency, both of which are accredited members of the Global Privacy Assembly. This seems likely due to First Amendment considerations in the U.S. regarding data scraping, which have led to “publicly available” information being broadly excluded from recent U.S. state privacy laws.Continue Reading Global Regulators Highlight Potential Harms of Data Scraping and Best Practices

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