EU

On October 17, 2023, the European Commission adopted a proposal to review the Alternative Dispute Resolution (“ADR”) framework.  The review consists of: (i) a proposal to amend the ADR Directive; (ii) a proposal to repeal the Online Dispute Resolution (“ODR”) Regulation; and (iii) a recommendation addressed to online marketplace and EU trade associations. 

Amended ADR

On December 14, 2022, the members of the Organization for Economic Co-operation and Development (“OECD”) (which includes various EU Member States, Mexico, Turkey, the UK and the United States) and the EU, adopted the Declaration on Government Access to Personal Data held by Private Sector Entities (“Declaration”). 

Continue Reading OECD and the EU adopt Declaration on Government Access to Personal Data

On May 4, 2022, the General Court of the EU handed down a decision that helps clarify the standard of proof required to demonstrate that information that does not identify someone by name constitutes “personal data” under EU data protection law.  The court also clarifies that the burden of proof falls on the entity alleging that the information is personal data.

The case concerns an online press release published by the European Anti-Fraud Office’s (“OLAF”) announcing that it had determined that a Greek scientist had committed fraud using EU funds intended to finance a research project.  Among other things, the scientist alleged that the press release contained “personal data” about her and, therefore, OLAF breached data protection law because it did not have a legal basis to disseminate her “personal data”.  She also alleged that OLAF’s press release had enabled two journalists to identify her and write each an article mentioning her by name.

The court disagreed with the position taken by the scientist, holding that the she was not able to demonstrate that the published information enabled her identification and, therefore, it had not demonstrated that the information was “personal data”.  It also decided that OLAF was not responsible for the news articles that identified the scientist by name.

Continue Reading General Court of the EU Finds that Individual was Unable to Prove that Information Published Online Constitutes “Personal Data”

On February 11, 2021, the European Commission launched a public consultation on its initiative to fight child sexual abuse online (the “Initiative”), which aims to impose obligations on online service providers to detect child sexual abuse online and to report it to public authorities. The consultation is part of the data collection activities announced in the Initiative’s inception impact assessment issued in December last year. The consultation runs until April 15, 2021, and the Commission intends to propose the necessary legislation by the end of the second quarter of 2021.

Continue Reading European Commission Launches Consultation on Initiative to Fight Child Sexual Abuse

On December 24th, with a year-end deadline and the holidays fast approaching, European Commission and United Kingdom (“UK”) officials announced they reached a deal on the EU-UK Trade and Cooperation Agreement (“Agreement”).  Once formally adopted by the European Union (“EU”) institutions, the Agreement will govern the relationship between the EU and UK beginning on January 1, 2021, following the end of the Brexit transition period.

The Agreement is likely to avert a year-end scramble to secure cross-border data transfers between the EU and the UK.  Although the final text has not yet been published, a UK government summary of the deal indicates that the parties agreed to allow for the continued free flow of personal data for up to six months to allow time for the EU and UK to adopt mutual “adequacy decisions,” in which each jurisdiction may recognize the other as offering adequate protection for transferred personal data.  Absent these adequacy decisions (and the interim period established by the Agreement), organizations would need to consider implementing additional safeguards, such as standard contractual clauses, to transfer personal data between the EU and UK.
Continue Reading Brexit Deal Keeps EU-UK Data Flows Open as Parties Pursue Mutual Adequacy

On 25 November 2020, the European Commission published a proposal for a Regulation on European Data Governance (“Data Governance Act”).  The proposed Act aims to facilitate data sharing across the EU and between sectors, and is one of the deliverables included in the European Strategy for Data, adopted in February 2020.  (See our previous blog here for a summary of the Commission’s European Strategy for Data.)  The press release accompanying the proposed Act states that more specific proposals on European data spaces are expected to follow in 2021, and will be complemented by a Data Act to foster business-to-business and business-to-government data sharing.

The proposed Data Governance Act sets out rules relating to the following:

  • Conditions for reuse of public sector data that is subject to existing protections, such as commercial confidentiality, intellectual property, or data protection;
  • Obligations on “providers of data sharing services,” defined as entities that provide various types of data intermediary services;
  • Introduction of the concept of “data altruism” and the possibility for organisations to register as a “Data Altruism Organisation recognised in the Union”; and
  • Establishment of a “European Data Innovation Board,” a new formal expert group chaired by the Commission.


Continue Reading The European Commission publishes a proposal for a Regulation on European Data Governance (the Data Governance Act)

In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU).

Continue Reading AI, IoT, and CAV Legislative Update: EU Spotlight (Third Quarter 2020)

On 28 June 2019, the German Bundestag passed the 2nd DSAnpUG which will amongst other things further adapt the German Federal Data Protection Act („BDSG“), the German Federal Registration Act (“BMG”), the German Act on the Federal Office for Security in Information Technology (“BSI-Act”) and the Act on the Establishment of a Federal Institute for

On April 8, 2019, the EU High-Level Expert Group on Artificial Intelligence (the “AI HLEG”) published its “Ethics Guidelines for Trustworthy AI” (the “guidance”).  This follows a stakeholder consultation on its draft guidelines published in December 2018 (the “draft guidance”) (see our previous blog post for more information on the draft guidance).  The guidance retains many of the same core elements of the draft guidance, but provides a more streamlined conceptual framework and elaborates further on some of the more nuanced aspects, such as on interaction with existing legislation and reconciling the tension between competing ethical requirements.

According to the European Commission’s Communication accompanying the guidance, the Commission will launch a piloting phase starting in June 2019 to collect more detailed feedback from stakeholders on how the guidance can be implemented, with a focus in particular on the assessment list set out in Chapter III.  The Commission plans to evaluate the workability and feasibility of the guidance by the end of 2019, and the AI HLEG will review and update the guidance in early 2020 based on the evaluation of feedback received during the piloting phase.
Continue Reading EU High-Level Working Group Publishes Ethics Guidelines for Trustworthy AI