Yesterday, the European Commission, Council and Parliament announced that they had reached an agreement on the text of the Cyber Resilience Act (“CRA”). As a result, the CRA now looks set to finish its journey through the EU legislative process early next year. As we explained in our prior post about the Commission proposal, the
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CPPA Releases Draft Automated Decisionmaking Technology Regulations
Ahead of its December 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft “automated decisionmaking technology” (ADMT) regulations. The CPPA has yet to initiate the formal rulemaking process and has stated that it expects to begin formal rulemaking next year. Accordingly, the draft ADMT regulations are subject to change. Below are
German Data Protection Authorities Publish Paper on Cloud-Based Digital Health Applications
Digital health apps are increasingly used in practice. They raise various questions under regulatory and data protection and data security laws. On November 6, 2023, the German Conference of the Independent Data Protection Supervisory Authorities (Datenschutzkonferenz, DSK), a national body which brings together Germany’s federal and regional data protection authorities, issued a paper about the
EDPB Issues Draft Guidelines on Technical Scope of ePrivacy Directive Rules for Storage and Access
On November 16, 2023, the European Data Protection Board (“EDPB”) issued draft Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive (“Guidelines”). Article 5(3) is the provision that requires consent before storing or accessing information on an end user’s device. Over the years it has become known as the “cookie rule,” but it
French CNIL Opens Public Consultation On Guidance On The Creation Of AI Training Databases
On October 11, 2023, the French data protection authority (“CNIL”) issued a set of “how-to” sheets on artificial intelligence (“AI”) training databases. The sheets are open to consultation until December 15, 2023, and all AI stakeholders (including companies, researchers, NGOs) are encouraged to provide comments.
EU Advocate General Defines “Identity Theft” And Reaffirms GDPR Compensation Threshold
EU advocate general Collins has reiterated that individuals’ right to claim compensation for harm caused by GDPR breaches requires proof of “actual damage suffered” as a result of the breach, and “clear and precise evidence” of such damage – mere hypothetical harms or discomfort are insufficient. The advocate general also found that unauthorised access to
New York Department of Financial Services Finalizes Second Amendment to Cybersecurity Regulation
Earlier this month, the New York Department of Financial Services (“NYDFS”) announced that it had finalized the Second Amendment to its “first-in-the-nation” cybersecurity regulation, 23 NYCRR Part 500. This Amendment implements many of the changes that NYDFS originally proposed in prior versions of the Second Amendment released for public comment in November 2022 and
CJEU Holds That GDPR Right of Access Overrules Local Laws
On October 26, 2023, the European Court of Justice (“CJEU”) decided that the GDPR grants a patient the right to obtain a copy of his or her medical record free of charge (case C-307/22, FT v DW). As a result, the CJEU held that a provision under German law that permitted doctors to
Italian Garante Issues Guidance on the Use of AI in the Context of National Healthcare Services
On October 12, 2023 the Italian Data Protection Authority (“Garante”) published guidance on the use of AI in healthcare services (“Guidance”). The document builds on principles enshrined in the GPDR, national and EU case-law. Although the Guidance focuses on Italian national healthcare services, it offers considerations relevant to the use of AI in the healthcare
California Amends Data Broker Law
On October 10, 2023, California Governor Gavin Newsom signed S.B. 362, the Delete Act (the “Act”), into law. The new law represents a substantive overhaul of California’s existing data broker statute, which requires data brokers to register with the California Attorney General annually. The passage of the Act follows a renewed interest in data