Europe – Cyber Law Watch

Provisional Political Agreement on Landmark AI Regulation in Europe

Dec 14 2023

By Giovanni Campi, Petr Bartoš, and Kathleen Keating

In a landmark development, EU lawmakers reached on 8 December 2023 a provisional political agreement on the Artificial Intelligence Act (AI Act). Once adopted, this regulation will be the first of its kind, and could set a global standard for AI laws around the world.

The Importance of Managing DSARs

Jun 28 2022

By Claude-Étienne Armingaud and Inès Demmou

With its December 2021 fine imposed on French telephone operator Free Mobile, the French data protection authority (CNIL) reiterated the importance of responding to data subject access requests (DSARs) within the relevant timeline (usually 30 days), with all the relevant and required information (Article 13 and 14 GDPR) and ensuring the security of users’ personal data (Article 32 GDPR).

Another sanction by the Dutch Supervisory Authority relating to the principle of data minimization confirmed that such DSARs could not be conditioned by overly complex mechanisms, such as a requirement to upload a full copy of an identity document.

These sanctions demonstrate that data subjects have acquired the awareness necessary to exercise their rights, and that data controllers must implement effective channels and internal processes to handle DSARs properly, effectively, in a timely manner, and in a way that would not, in turn, generate its own set of breaches of the GDPR.

To find out more, see our full alert here.

Post-Brexit data protection – where are we now?

Feb 04 2020

By Cameron Abbott and Michelle Aggromito

After years of political squabble and delays, Brexit day finally arrived on 31 January 2020. But what does it mean when we talk about the UK’s withdrawal from the EU and how will data protection regulation and compliance change?

There will be little change during the transition (also known as “implementation”) period that is expected to end on 31 December 2020. During this period, EU law will continue to apply in the UK, including the EU General Data Protection Regulation (GDPR), after which the GDPR will be converted into UK law.

Insufficiency meets Punishment: Polish DPA issues largest fine for Insufficient Security and Organisational Measures

Oct 29 2019

By Cameron Abbott and Max Evans

Further to the Facebook and Tesco scandals, and the apparent statistic increase of enforcement fines issued, the Polish Data Protection Authority has issued a landmark fine of €645,000 against online retail company morele.net for insufficient security and organisational measures violating data confidentiality and integrity principles prescribed in the EU’s General Data Protection Regulation.

Hand Out of the Cookie Jar: CJEU Issues Long-Awaited Decision on Cookies

Oct 28 2019

By Cameron Abbott and Max Evans

Earlier this month, the Court of Justice of the European Union (CJEU) issued a long-awaited decision with respect to the requirements necessary for entities to satisfy in order to attain the valid consent of a user to the use of cookies to track and analyse his or her personal information.

US, Russia and China don’t pledge to fight cybercrime

Nov 13 2018

By Cameron Abbott and Wendy Mansell

Fifty countries including Japan, Canada and many EU nations have come together with over 150 tech companies, pledging to fight against cybercrime. United State’s tech giants such as Facebook, Google and Microsoft have also joined the party.

The United States, Russia and China however have decided not to sign on. Each has no doubt very different reasons for this – the disappointment is mostly directed to the US. However it is a shame that Russia and China did not also feel the weight of the international community pressure to accept these principles.

The effort to combat cybercrime is being led by France, with French President Emmanuel Macron claiming that it is urgent that the internet is better regulated.

The countries and companies involved are fighting against illegal online activity like censorship, cyber interference in elections, hate speech and trade secrets theft.

The pledge has been made in a document titled the “Paris call for trust and security in cyberspace”.

Facebook fined £500,000 over Cambridge Analytica scandal

Jul 13 2018

By Cameron Abbott and Sarah Goegan

The UK Information Commissioner’s Office (ICO) has issued a notice of intent to levy a £500,000 fine against Facebook for breaches of the UK’s Data Protection Act 1998. The ICO found that Facebook failed to protect its users’ data and be transparent about how that data was being harvested. This failure, ICO said, did not enable users to understand how and why they may be targeted by a political party or campaign.

The fine comes as part of a larger investigation by ICO into misuse of data in political campaigns, and responds to the highly publicised allegations that Cambridge Analytica used data obtained from Facebook to target voters in the 2016 US presidential election.

Cambridge Analytica closes its doors

May 03 2018

By Cameron Abbott and Sarah Goegan

Cambridge Analytica, the data company embroiled in the Facebook privacy scandal, is closing down. The firm’s parent company, SCL Elections, announced that it and some of its affiliates including Cambridge Analytica had commenced insolvency proceedings in the UK, and would immediately cease all operations.

In a statement, Cambridge Analytica said it had been “vilified” and the subject of “numerous unfounded accusations” about its activities, which it says are legal and widely accepted in online advertising. It blamed negative media coverage of allegations the company improperly used the data of 87 million Facebook users (which you can read about here, here and here) for a mass exodus of clients.

Excel skills of English Council leads to the exposure of “hidden” personal information

May 02 2018

By Cameron Abbott and Keely O’Dowd

The Kensington and Chelsea London Borough Council (Council) was recently fined £120,000 (approximately AUD$217,920) by the UK Information Commissioner’s Office (ICO) for the unauthorised processing of personal data belonging to 943 people who owned vacant properties in the Borough.

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