Yann Padova

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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?