Automated Decision-Making

On July 20, 2026, the French data protection authority (the Commission Nationale de l’Informatique et des Libertés, “CNIL”) published a joint exploratory note with the French AI and Digital Council (“CIANum”) on the data protection implications of agentic AI (the “Note”). The Note is exploratory rather than prescriptive: it does not purport to state definitive regulatory expectations, and it does not announce forthcoming guidance. However, it does provide helpful considerations for when the EU’s General Data Protection Regulation (“GDPR”) might come under strain in the course of processing personal data via autonomous systems, and identifies legal and technical measures that might help mitigate potential risks. The CNIL frames this exercise as connected to its engagement with several international counterparts, including through the G7 data protection authorities during the French G7 presidency.

The Note is the latest in a rapidly accumulating body of regulator commentary on agentic AI, including by the UK ICO, Spanish AEPD, and Singaporean IMDA. Below are some key takeaways.

Continue Reading French CNIL Publishes Note on Agentic AI and Data Protection

On 31 March 2026, the UK’s Information Commissioner’s Office (“ICO”) launched a public consultation on draft updated guidance on automated decision-making (“ADM”), including profiling (“Draft Guidance”) and simultaneously published a report on the use of ADM in recruitment (“Recruitment Report”).

The Draft Guidance is the ICO’s first detailed interpretation of the Data (Use and Access) Act’s (“DUAA”) changes to the UK GDPR’s ADM provisions, and the accompanying Recruitment Report is a sector-specific signal of how the ICO expects those rules to operate in practice.

Continue Reading UK ICO Consults on Draft Automated Decision-Making Guidance and Sets Expectations for ADM in Recruitment