European Union (EU)

On September 4, 2025, the Court of Justice of the EU (“Court”) handed down its judgment in case EDPS v SRB C-413/23 P, setting aside the General Court of the European Union’s (“General Court”) judgment of April 26, 2023 in case SRB v EDPS T‑557/20.  In particular, the Court clarified that whether pseudonymized data can be considered as personal data depends on the specific circumstances of the case, such as whether a third party to whom data is transferred by a data controller can reasonably identify the data subject.

We provide below an overview of the Court’s key findings.

Continue Reading EU Court of Justice Clarifies the Concept of Personal Data in the Context of a Transfer of Pseudonymized Data to Third Parties

On June 26, 2025, the European Parliament’s Committee on Employment and Social Affairs published a draft report (“Draft Report”) recommending that the Commission initiate the legislative process for an EU Directive on algorithmic management in the workplace.  The Draft Report defines algorithmic management as the use of automated systems—including those involving artificial intelligence—to monitor, assess, or make decisions affecting workers and solo self-employed persons.

This Draft Report follows a Commission study published in March 2025 (“Commission Study”), which found that while existing EU legislation, such as the GDPR, addresses some risks to workers from algorithmic management, others remain.  The Commission Study also recognizes that the AI Act does not establish specific rights for workers in the context of AI use, which is noted as a concern.

The Draft Report encloses the proposed text for a new Directive on algorithmic management in the workplace (“Proposed Directive”).  The Draft Report has not yet been endorsed by the European Parliament.

Continue Reading European Parliament Committee Recommends Commission to Propose EU Directive on Algorithmic Management

On May 7, 2025, the European Commission published a Q&A on the AI literacy obligation under Article 4 of the AI Act (the “Q&A”).  The Q&A builds upon the Commission’s guidance on AI literacy provided in its webinar in February 2025, covered in our earlier blog here.  Among other things, the Commission clarifies that the AI literacy obligation started to apply from February 2, 2025, but that the national market surveillance authorities tasked with supervising and enforcing the obligation will start doing so from August 3, 2026 onwards.

Continue Reading European Commission Publishes Q&A on AI Literacy

On April 29, 2025, the Italian data protection authority (“Garante”) launched a public consultation to collect feedback from stakeholders about the so-called “Pay or Ok” model. 

“Pay or Ok” refers to the concept of making access to a website’s content or service conditional on the website visitor performing one of…

Continue Reading Italian Garante Launches Public Consultation on the Implementation of “Pay or Ok” Models

On February 27, 2025, the Court of Justice of the European Union (“CJEU”) issued a significant decision on the right of data subjects to request access to their personal data under Article 15 GDPR, specifically as it relates to automated decision-making and striking an appropriate balance between informing data subjects and protecting trade secrets (Case C‑203/22).

Continue Reading CJEU Clarifies GDPR Rights on Automated Decision-Making and Trade Secrets

On February 20, 2025, the European Commission’s AI Office held a webinar explaining the AI literacy obligation under Article 4 of the EU’s AI Act.  This obligation started to apply on February 2, 2025.  At this webinar, the Commission highlighted the recently published repository of AI literacy practices.  This repository compiles the practices that some AI Pact companies have adopted to ensure a sufficient level of AI literacy in their workforce.  

Continue Reading European Commission Provides Guidance on AI Literacy Requirement under the EU AI Act

On February 6, 2025, Advocate General Spielmann released his opinion in the EDPS vs. SRB case (Case C‑413/23 P).  In this case, the European Data Protection Supervisor appealed a decision from the General Court (see our blog post here).

In essence, the case turns on the question of whether…

Continue Reading CJEU Advocate General Supports Pragmatic Definition of Personal Data

On 15 January 2025, the European Commission published an action plan on the cybersecurity of hospitals and healthcare providers (the “Action Plan”). The Action Plan sets out a series of EU-level actions that are intended to better protect the healthcare sector from cyber threats. The publication of the Action Plan follows a number of high-profile incidents in recent years where healthcare providers across the European Union have been the target of cyber attacks.

Continue Reading European Commission Publishes Action Plan on Cybersecurity of Hospitals and Healthcare Providers

In the final quarter of 2024, there have been significant developments in the EU cybersecurity legal landscape. Most prominently, the EU institutions adopted the Cyber Resilience Act and mid-October marked the deadline for Member States to transpose the NIS2 Directive into national law. Most Member States failed to meet the NIS2 transposition deadline, which resulted in the European Commission sending a formal notice to 23 Member States, urging them to transpose the Directive. These 23 Member States have been given two months to respond. (For more information on the Cyber Resilience Act and NIS2 Directive, see our blog posts here and here.)

Continue Reading Three Recent Developments in the EU Cyber Landscape