709 Publications

What is changing in each member's jurisdiction — enforcement, case law, new obligations.

709 articles

Data Protection vs. Anti-Doping Measures - Advocate General Ćapeta Perspective

This case highlights the challenging balance between safeguarding data privacy and preserving the integrity of sport through anti-doping measures. In a world where the internet is the primary channel for information dissemination, adapting data protection regulations to meet evolving dynamics while upholding the preventive goals of anti-doping initiatives is a critical consideration. The outcome of this case is expected to set a significant precedent in this ongoing and crucial debate.

10 January 2024

Cyber Security Breaches in Hong Kong: A Growing Trend and a Call to Action

Hong Kong is grappling with a surge in cyber security breaches, prompting the authority to take proactive measures. This article highlights the need for immediate action, urging organizations to bolster their data security practices to safeguard sensitive information and restore trust in the digital ecosystem.

8 January 2024

Legislation

Hungary is prepared to introduce a new act which would further digitize the services provided by the state to its citizens

The new Hungarian Digital Citizenship Act would make communication with public administration, as well as management of official documents easier and more user-friendly. The new Act would also enable consent management in respect of electronic collection and use of personal data and help governmental and non-governmental actors access more data necessary for the provision and development of their services.

5 January 2024

Privacy of war crimes victims

The right for Privacy is a fundamental right according to Israeli law but it is a relative right. How should State interests to publish war crimes be considered in this balance?

22 December 2023

This is how Costa Rica closes 2023 in terms of privacy and data protection

2023 has been a year of growth and learning for Costa Rica in terms of privacy. Two takeaways on local supervisory authority dynamics and a landmark controversy with political and social impact are introduced below.

22 December 2023

Legislation

Extraterritorial Implications of Turkish Data Protection Legislation

This article explores the regulatory landscape for data controllers located outside Turkey and their obligations under the Turkish Data Protection Law.

18 December 2023

AI & automation

CaliforniAI: New Executive Order takes on Generative AI

California Governor, Gavin Newsom, issues Executive Order on Generative AI, which echoes some points in the recent Texas and Connecticut AI laws and goes further, imposing detailed, time limited obligations on California State agencies.

13 December 2023

Litigation

Constitutional Court: The Criteria for Access to Traffic Data Too Loose

Slovenia’s Constitutional Court found the provisions of the Criminal Procedure Act (CPA) enabling the prosecution (police) to access and seize traffic data (data about the circumstances of a communication) to be disproportionate and therefore in violation of the constitutionally guaranteed freedom to communication privacy. The Court set a one-year period in which the Parliament is to amend the CPA accordingly.

12 December 2023

Breach notification

A thin line between a typo and a data breach: A case study in enhancing data security practices

In a recent case, the Serbian Commissioner for Information of Public Importance and Personal Data Protection issued a cautionary notice to a bank, shedding light on its procedures for collecting and managing clients' email addresses for communication purposes.

11 December 2023

Litigation

Finding the balance between fighting crime and privacy: an Update to the use of Metadata in Criminal Prosecution

On October 13, 2023, the Portuguese Parliament approved an updated version of Law No. 32/2008, which had been declared unconstitutional in April 2022. The community is now waiting for a new preventive judgement of constitutionality on the use of communications metadata in criminal investigation. This Article offers an overview of key modifications and attempts to provide some insight into the content of the impending decision

7 December 2023

Enforcement & finesData subject rights

Insurance company fined SEK 35 million for security failures and putting data subjects’ data at risk.

The Swedish Authority for Privacy Protection issued an administrative fine of SEK 35 million (3MEUR+) against the insurance company Trygg-Hansa due to severe security flaws that enabled unauthorized access to information via the internet and put 650 000 customers’ data at risk for a period of over two years . The case also provides guidance on IMY’s view for calculating the amount of fines in large groups of companies with autonomous business areas and separate IT systems.

6 December 2023

AI & automationLitigation

AUSTRIA: Is legal advice by software solutions and/or AI permitted in Austria?

In its judgment 4 Ob 77/23m from 27th June 2023 the Austrian Supreme Court, among other things, ruled that the provision of recommendations for action by software solutions and/or AI to lawyers in a legal advisory or automated manner is permissible and that the correspondence between lawyer and client may also take place entirely via a software platform as long as the confidentiality of the data is maintained. Another important finding is that it - according to the Supreme Court - is permissible to take success rates into account when selecting lawyers for clients. However, as an intermediary, the software platform may not demand a percentage of the lawyer's fee as a referral fee.

30 November 2023

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