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707 Publications

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

707 articles
Litigation

Waiting for Cjeu Ruling in the Matter of “Deutsche Wohnen” (C-807/21)

Since the end of December 2021, the preliminary ruling of the European Court of Justice (CJEU) on the conditions under which an administrative fine may be imposed on a legal entity for violating the GDPR has been pending. Since then, the Austrian Data Protection Authority and the administrative courts have suspended all proceedings against legal persons who have violated the GDPR pending the decision of the CJEU. This decision is now expected to be rendered on December 5, 2023.

23 November 2023

Legislation

Unveiling some salient features of Nigeria’s novel Nigeria Data Protection Act (NDPA) 2023.

For a period, the Nigeria Data Protection regulation (NDPR) 2019 was the reference point for data privacy and protection compliance in Nigeria. The enactment of the Nigeria Data Protection Act (“NDPA”) on June 12 2023 launched a new era in data privacy and protection regime. The Act laid to rest several controversial provisions, brought clarity to uncertainties, and contained several brand new provisions which shall form the crux of this article.

13 November 2023

AI & automationLegislation

Generative AI and the Protection of Personal Information under the Japanese Law

While generative AI has been getting attention in business, there has been a concern on the protection of personal information when using them. Recently, the Japanese Personal Information Protection Commission (“PPC”) has issued an Alert on the use of generative AI services, having the use of the generative AI service “ChatGPT” provided by OpenAI LLC. (“OpenAI”) in mind.

18 October 2023

International transfersLegislation

Cross-Border Data Transfer: Navigating Compliance under the Nigerian Data Protection Act 2023

The recently enacted Nigeria Data Protection Act (“the Act”) 2023 is now the principal data privacy and protection legislation in Nigeria, and it establishes the Nigeria Data Protection Commission (the Commission) to oversee the implementation of the Act. The Act provides data protection principles that are similar to many international data protection frameworks. Due to the significance and inevitable cross-border flow of personal data in the current era, and its likely impact on the data protection rights of data subjects, the Act has provisions that guide the transfer of personal data outside Nigeria by data controllers and data processors, with the privacy of data subjects at the fore.

11 October 2023

Brazil's innovative approaches to data protection: the main differences between GDPR and LGPD.

The General Data Protection Regulation (GDPR) and the Brazilian General Data Protection Act (LGPD) are two comprehensive data protection regulations that have gained significant attention worldwide. Both regulations emphasize the importance of obtaining individuals' consent for processing their personal data, but the LGPD introduces innovative elements such as exceptions to consent for credit protection and the recognition of data belonging to elderly individuals as high risk.

4 October 2023

Enforcement & finesMarketing & cookiesLitigation

AdTech Update: CJEU landmark data protection ruling for online and behavioral advertising

Online advertising is one of the largest online industries. However, it also has long faced issues with data protection regulators. The CJEU has handed down a landmark ruling that clarifies what legal bases controllers can rely on for online and behavioral advertising. This development follows several decisions relating to appropriate legal bases for processing data in the context of online and behavioral advertising.

2 October 2023

Legislation

Romanian Whistleblowing Law. About Protecting Data while Fostering Transparency

Romania transposed the EU Whistleblowing Directive on 22 December 2022, via Law No. 361/2022 on the protection of whistleblowers in the public interest ("Romanian Whistleblowing Law"). This article explores key aspects of the law, providing an overview of how Romanian legislation navigates the intersection of the public interest (of having wrongdoings revealed), whistleblower rights and GDPR compliance.

29 September 2023

Litigation

The Polish Supreme Administrative Court concluded “Morele.net saga”

In its judgement from February 2023, the Supreme Administrative Court of Poland announced a significant decision from 2019 of the Polish DPA that imposed a substantial fine of PLN 2.8 million (ca. 645,000 euros) against the online retailer, Morele.net. The decision concerned Morele.net’s alleged failure to introduce adequate data security safeguards that could have enabled a phishing attack leading to the unauthorized acquisition of a customer database, violating the obligations under GDPR regarding ensuring data security and integrity.

25 September 2023

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