Cyber Law Watch

Insight on how cyber risk is being mitigated and managed across the globe.

1
New EDPB Statement on Age Assurance: What You Need to Know
2
CJEU Upholds EDPB’s Authority to Order Broader Investigations in Cross-Border Cases
3
EU Updates Codes of Conduct on Countering Illegal Hate Speech Online
4
A New Year Brings New Restrictions Relating to AI and California Performers
5
New House AI Bills for the Financial Services Sector
6
Navigating the Intersection of Data Scraping and Artificial Intelligence–A Global Data Protection Authorities Take
7
Clarifications of Legal Bases for Cross-Border Data Transfers in Landmark Judgment by the Guangzhou Internet Court in China
8
Mass. SJC Limits Website Tracking Technology Claims Under Wiretap Act
9
Higher Regional Court of Hamm (Germany): Claims for Moral Damages Under Art. 82 GDPR are Assignable – German Class Actions Coming?
10
Australian Privacy Law Reform – The Wait is (Almost!) Over

New EDPB Statement on Age Assurance: What You Need to Know

By: Claude-Etienne Armingaud, and Josefine Beil

On 11 February 2024, the European Data Protection Board (EDPB) adopted a new statement on age assurance. This statement, while not legally binding, will guide the enforcement of age-gating methods across the EU. Age assurance refers to the methods used to determine an individual’s age or age range with varying levels of confidence or certainty.

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CJEU Upholds EDPB’s Authority to Order Broader Investigations in Cross-Border Cases

By: Claude-Étienne Armingaud and Josefine Beil

In a landmark judgment delivered on 29 January 2025, the General Court of the European Union has affirmed the European Data Protection Board‘s (EDPB) authority to require national supervisory authorities to broaden their investigations in cross-border data protection cases.

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EU Updates Codes of Conduct on Countering Illegal Hate Speech Online

By: Claude-Etienne Armingaud, Thomas Nietsch and Andreas Müller

The European Commission has strengthened its framework for combating illegal hate speech online through an enhanced Code of Conduct, building upon the success of its 2016 predecessor. This updated version, known as the Code of Conduct on countering illegal hate speech online +, aligns with the Digital Services Act (DSA) and represents a significant step forward in the EU’s efforts to create a safer digital environment.

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A New Year Brings New Restrictions Relating to AI and California Performers

By: Kathleen Parker and Carter Norfleet

Starting 1 January 2025, California Assembly Bill 2602 (AB 2602) will prohibit the use of vague, unfair, and unethical contractual terms that, without the performer’s full awareness, permit the unregulated production, use, and distribution of digital replicas of their likeness.

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New House AI Bills for the Financial Services Sector

By: Christopher Valente, Scott Gelbman, and Joshua Durham

Artificial intelligence (AI) remains top of mind for lawmakers and regulators, who continue to grapple with new legislative proposals, as well as a changing regulatory regime designed to prepare the United States government to interact with AI-related issues, while also positioning the United States to be a leader in AI innovation. In line with 15 USC Ch. 119 and Executive Order 14110, two more bipartisan House bills were just introduced to further the government’s response to AI.

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Navigating the Intersection of Data Scraping and Artificial Intelligence–A Global Data Protection Authorities Take

By: Claude-Etienne Armingaud and Anna Gaentzhirt

In alignment with the ongoing concerns from several European data protection authorities publishing guidelines on data scrapping (i.e., the Dutch DPA, the Italian DPA and the UK Information Commissioner’s Office), the Global Privacy Assembly (GPA)’s International Enforcement Cooperation Working Group (IEWG) recently published a Joint statement on data scraping and the protection of privacy (signed by the Canadian, British, Australian, Swiss, Norwegian, Moroccan, Mexican, and Jersey data protection authorities) to provide further input for businesses when considering data.

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Clarifications of Legal Bases for Cross-Border Data Transfers in Landmark Judgment by the Guangzhou Internet Court in China

By: Sarah Kwong, Dan Wu, and Amigo Lan Xie

The Guangzhou Internet Court in China (Court) issued a landmark judgment under the Personal Information Protection Law (PIPL) (Judgment). This marked the first court decision in China regarding cross-border personal information transfers. In the case, the plaintiff expressed concerns about his personal information being transferred internationally without his explicit consent, while the defendants argued that the data processing was necessary for contractual obligations and aligned with industry standards.

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Mass. SJC Limits Website Tracking Technology Claims Under Wiretap Act

By: Christopher Valente and Michael Stortz

In a critical new decision, the Massachusetts Supreme Judicial Court has confirmed that the state’s anti-wiretapping statute does not extend to website tracking technologies. In Vita v. New England Baptist Hospital, the Court held that the state’s 1968 Wiretap Act (Mass. G.L. c. 272, § 99) does not apply to the deployment of online software that collects and transmits information regarding user interactions with websites to third parties.

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Higher Regional Court of Hamm (Germany): Claims for Moral Damages Under Art. 82 GDPR are Assignable – German Class Actions Coming?

By Dr. Thomas Nietsch and Andreas Müller

On July 24, 2024, the OLG Hamm ruled that claims for moral damages under Art. 82 GDPR are generally assignable (case number: 11 U 69/23).

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Australian Privacy Law Reform – The Wait is (Almost!) Over

By: Cameron Abbott, Stephanie Mayhew, and Rob Pulham

The long-awaited privacy reform has finally been introduced into the Australian Parliament today with the introduction of the Privacy and Other Legislation Amendment Bill 2024. Described as ‘Tranche 1’ of the reforms, the Bill introduces significant uplifts to several aspects of Australia’s privacy laws.

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