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The Belgian Data Protection Authority has adopted a new decision that applies the principles on automated decision-making set out by the CJEU in its SCHUFA I decision of 7 December 2023. Some specific considerations: – This decision is a “prima facie” one, i.e. not yet a full decision on the merits, to order the controller […]
The European Data Protection Board is at it again: an urgent procedure has been launched to obtain clarification on “some of the core issues that arise in the context of processing for the purpose of developing and training an AI model”. The aim? To bring “some much needed clarity into this complex area”. Yet the […]
Really interesting hearing this morning at the CJEU, with a few pointed questions from the judges. Always a privilege to present legal and technical explanations to the Court of Justice! gdpr data protection
In today’s EU Official Journal, new questions submitted to the CJEU: What is “necessary” for performance of a contract under the GDPR, and can customary business practices be taken into account in this assessment? In languages such as French where gender traditionally has an influence on many words in a sentence and also on how […]
Another important CJEU judgment! Whether GDPR administrative fines are “criminal penalties” or not is a relevant issue for both insurability and indemnification clauses (e.g. “Y agrees to indemnify and hold Z harmless for data protection violations”). Today’s CJEU’s judgment in case C-27/22 strengthens the position of those who raised concerns regarding GDPR fine insurance and […]
In today’s Official Journal: Meta’s annulment action against the EDPB’s Consent or Pay Opinion (Opinion 08/2024). Here are the pleas: “In support of the action, the applicant relies on seven pleas in law. 1. First plea in law, alleging that either Article�64(2) GDPR is illegal and inapplicable pursuant to Article�277�TFEU, or it requires a restrictive […]
Does the GDPR mean gender-neutral language is required? Today’s Opinion by Advocate General Szpunar challenges a common practice in certain languages, namely asking for title (“Madame” & “Monsieur” in French) for contract-related communications. Many organisations want the opening line of an e-mail to be personalised in the name of customer service (“Cher Monsieur XX”, “Ch�re […]
New Belgian DPA decision, interesting on 3 points: 1. Confirmation of BDPA’s approach re “legal obligation” and “public interest” legal grounds 2. Re retention: the need to assess recidivism does not justify unlimited processing 3. Reference to EDPB’s newly updated GDPR fining guidelines (re factors affecting the amount of the fine) 1. The Order of […]
?? Let’s dare to question the primacy of the right to the protection of personal data, and see what comes of it. A little pragmatism, perhaps, given that data protection is not absolute? Here’s my summary for the “too long; didn’t read” crowd: (but really, read the whole article!) – GDPR compliance is the justification […]
Let the name-calling begin. Companies looking to leverage data are now told that it is just like they are responsible for oil spills, cancer and drug cartel violence. As a lawyer working for some of the companies facing these absurd comparisons, I thought I would tackle another controversial stance now: just how absolute (or relative) […]
