On 24 January 2023, the Italian Supervisory Authority (“Garante”) announced it fined three hospitals in the amount of 55,000 EUR each for their unlawful use an artificial intelligence (“AI”) system for risk stratification purposes, i.e., to systematically categorize patients based on their health status. The Garante also ordered the hospitals to erase all the
The Spanish AEPD Publishes Statement on the Interplay Between its Code of Conduct for the Pharmaceutical Industry and the Potential EU Code of Conduct on Clinical Trials
On December 28, 2022, the Spanish Data Protection Authority (“AEPD”) published a statement on the interplay between its recently approved Spanish code of conduct for the pharmaceutical industry and the European Federation of Pharmaceutical Industries and Associations’ (“EFPIA”) proposal for an EU code of conduct on clinical trials and pharmacovigilance. The statement relates specifically to
German Supervisory Authorities Publish Paper on Scientific Research and Data Protection
The German Conference of Independent Supervisory Authorities (“DSK”) published on March 23, 2022 a statement on scientific research and data protection (see here, in German). The DSK published the statement in response to the German Government’s initiative on a general law on research data as part of its Open Data Strategy, announced
France Enacts New Law on Parental Controls
On March 2, 2022, following a fast-track legislative process in the French National Assembly and Senate, President Macron of France signed into law a new piece of legislation designed to reinforce parental controls over minors’ access to the Internet (the “Law”) (see final text of the Law published in the Official Journal here
Inside Privacy Audiocast: Episode 18 – Recent Developments in GDPR Enforcement
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Brussels Court of Appeal Considers GDPR Rights
In a decision handed down on December 1, 2021, the Brussels Market Court (Court of Appeal) had an opportunity to consider the GDPR right of access. The Belgian Ministry of Finance appealed the Belgian Supervisory Authority’s recent decision requiring the Ministry to grant a complainant access to her financial file and make corrections to the
Court of Justice of the EU Finds that Advertising Shown in Email Inbox is Subject to Rules on Direct Marketing
On November 26, 2021, the Court of Justice of the EU (“CJEU”) held in Case C-102/20 that the display of advertising messages in an electronic inbox in a form similar to that of an actual email constitutes direct marketing, and therefore is subject to EU Member States’ rules on direct marketing (see press release here
Progress on the Pending EU ePrivacy Regulation
According to a leaked draft, on November 4, 2021, the Council of the European Union (“Council”) and the European Parliament (“Parliament”) agreed a number of amendments to the following three chapters of the draft ePrivacy Regulation, which will replace the ePrivacy Directive 2002/58/EC and has been pending since January 2017):
- Chapter III (End-Users’ Rights
The GDPR and Blockchain
EU’s Highest Court Invalidates Safe Harbor with Immediate Effect
Yesterday, the Court of Justice of the European Union (the “CJEU”) invalidated the European Commission’s Decision on the EU-U.S. Safe Harbor arrangement (Commission Decision 2000/520 – see here). The Court responded to pre-judicial questions put forward by the Irish High Court in the so-called Schrems case. More specifically, the High Court had enquired, in