Ana Bruder

The Hamburg DPA published #guidance on the handling of job applicant data during application and #recruiting procedures. The guidance covers, among other points, the processing of personal data related to use of #AI (e.g. LLM chatbots used in the recruiting process), active sourcing, headhunters, performance of background checks, and talent pools. The Hamburg DPA discusses #GDPR requirements for such practices, including with regard to applicable legal bases and transparency requirements. See below for an English translation, and here for the official guidance (in German): https://lnkd.in/e-J6-Gq2 #GDPR #EmployeeData #DataProtection Hogan Lovells

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The Germany’s Federal Court of Justice ruling of 23 April 2024 is a significant milestone in the evolution of #competition law enforcement in the digital age. Vigilance and agility are as paramount as their potential cross-market significance. Read the full article by Hans-Markus Wagener and Kaan Gürer of Linklaters on the #judgement, #DMA regulation and #compliance. The blog is freely available on the Kluwer Competition Law Blog!

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📣💡 The #DPA for Baden-Württemberg has published guidance on #GDPR compliance for public bodies on TikTok. The DPA notes that public institutions are increasingly expanding their social media activities for recruitment, image management, and information dissemination. This trend enhances citizen engagement and provides accessible official information. However, it poses legal challenges, as public institutions must ensure their actions comply with data protection laws. ‼️The DPA questions whether TikTok's data processing meets European and German data protection standards, particularly concerning the GDPR. They highlight concerns about the lawfulness of data processing, transparency, and minors' data protection. 📋The DPA offers a checklist for public institutions using TikTok, emphasising the need for compliance with data protection regulations: 🔹Determine the type of #TikTok account (Personal or Business). 🔸Verify if the account is classified as a government, politician, or political party account and understand the related data processing activities 🔹Configure TikTok settings to protect personal data. 🔸Identify and manage the "Creator tools" and assess content recreation and account analysis. 🔹Clarify data protection responsibilities among the institution, TikTok, and other parties. 🔸Ensure a valid legal basis for personal data processing and establish responsibilities for data exchange. 🔹Make data processing responsibilities and scopes clear to users. 🔸Develop a social media usage concept, defining purposes, scope, editorial responsibility, data subject rights, and conducting #DPIA. 🔹Regularly evaluate the social media concept and publish the evaluation. 🔸Provide alternative channels for citizens to access information without third-party data processing. 🔹Offer alternative ways for public interaction with posted information. 🔸Implement measures to protect children's personal data and sensitive data. 🔹Update your #RoPA 🔸Ensure recognition of third-country data processing and provide legal guarantees for such activities. #privacy #socialmedia #platforms #dataprotection #law #rodo

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EDPB issues opinion casting doubt on legality of pay-or-consent models: The European Data Protection Board issued a nonbinding opinion on the legality of pay-or-consent models in the context of obtaining valid consent to process personal data. The EDPB ruled, "in most cases," large online platforms offering a binary choice between paying to prevent personal data from being processed for behavioral advertising or consenting to targeted advertising does not align with the EU General Data Protection Regulation. IAPP Staff Writer Alex LaCasse reports on the major takeaways from the ruling. Full story #dataprotection #dataprivacy #privacy

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Is France CNIL - Commission Nationale de l'Informatique et des Libertés style enforcement coming to a #CCPA violation near you? The California Privacy Protection Agency (CPPA) and the CNIL signed a declaration of cooperation allowing both authorities to collaborate on their efforts to safeguard personal information and advance privacy. The declaration establishes a general framework of cooperation to facilitate joint internal research and education related to new technologies and data protection issues, share best practices, and convene periodic meetings. Our Enforcement Division welcomes opportunities to learn from our international partners and share our US perspective, and we’re going to learn as much as we can from each other to advance our enforcement priorities.” - says Michael Macko, Deputy Director of Enforcement at the CPPA https://lnkd.in/eb-CnNS8 #dataprivacy #dataprotection #privacyFOMO

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EDPB launches French and German versions of its Data Protection Guide for small business: The EDPB Data Protection Guide for small business is now available in French and German The Guide provides practical information to SMEs about GDPR compliance and benefits in an accessible and easily understandable language. The development of tools providing practical, easily understandable and accessible data protection guidance is key to reaching a non-expert audience and a strategic objective for the EDPB. The EDPB Data Protection Guide for small business covers various aspects of the GDPR, from data protection basics, to data subject rights and measures to secure personal data. It contains videos, infographics, interactive flowcharts, and other practical materials to help SMEs on their way to become GDPR compliant In the near future, the Guide will become available in 15 more European languages. #dataprotection #dataprivacy #privacy

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"...regarding the EU-US Data Privacy Framework (DPF), the EDPB adopted Rules of Procedure, a public information note and template complaint forms to facilitate the implementation of the redress mechanisms under the DPF. The EDPB documents relate to two DPF redress mechanisms created to handle complaints by EU individuals. The redress mechanisms deal only with complaints concerning their respective competence - national security or commercial purposes - and only for data transmitted after 10 July 2023." https://lnkd.in/dQjSB5K8 https://lnkd.in/did_bZDC #DPF #datatransfers

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💬 Discover the Privacy Symposium pre-conference interview with Anu Talus, Chair of the European Data Protection Board (EDPB) 💬 In her interview, Dr. Talus shares strategic priority areas of the EDPB: "This spring, the EDPB will adopt its new strategy, the very first since I became EDPB Chair. The strategy sets out the EDPB’s priorities for the next 4 years and charts the direction the EDPB will take. Enforcement and boosting enforcement cooperation will remain a top priority for the EDPB in the years to come. DPAs are using the enforcement capacities granted to them by the GDPR to their full extent, both at national and cross-border level. The EDPB’s focus today is on delivering results within the current legislative framework.” She also states: “As Finnish Commissioner and EDPB Chair, I notice every day that there is greater awareness among individuals about their rights – organisations receive requests to exercise individuals’ rights and DPAs receive more complaints than in 2018. We can also see this from the public debate on new technologies, such as ChatGPT, and its implications for data subject rights. In addition, we observe that large fines have an impact. Not only do they make headlines, they also work as a deterrent to malpractices by controllers. They show that there is no way around the GDPR and that if you want to do business in Europe, you need to play by the rules. At the same time, the GDPR has also shown that there are great benefits to compliance, from reducing security risks to increasing consumer trust.” 📖 Read the full interview on our website: https://lnkd.in/euKX8WJv To find out more about the EDPB’s perspectives on priority challenges and ways forward, join the Privacy Symposium in Venice, Italy, 10-14 June, 2024.   📝 Register for the conference here: https://lnkd.in/dBQBNDp8   The place where experts, authorities, and innovation meet to support data compliance evolution and convergence.   More ℹ️: https://lnkd.in/eFcx5zSe 👉 Follow us on LinkedIn (English): https://lnkd.in/e_2b-hAt 👉 Follow us on LinkedIn (Italian): https://lnkd.in/dUGefumQ   #PSC24 #PrivacySymposium #DataProtection #DataCompliance #Cybersecurity #GDPR #InternationalCooperation

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The EDPB adopted an opinion on the validity of consent to process personal data for the purposes of behavioural advertising in the context of ‘consent or pay’ models deployed by large online platforms. According to the EDPB, online platforms should give users a real choice when employing ‘consent or pay’ models. Controllers should take care at all times to avoid transforming the fundamental right to data protection into a feature that individuals have to pay to enjoy. https://lnkd.in/dJWBVDAX #gdpr #edpb #dataprotection #payorokay #consentorpay

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The German Federal Supreme Court (the Bundesgerichtshof) has recently ruled that advertising claims which lack sufficient substantiation may be considered misleading and, therefore, in breach of the statutory requirements of the German Act against Unfair Commercial Practice. Read Carsten Dobler, Alexander Hardinghaus and Philipp Süss' latest update on our blog to learn of the most recent development in the German courts. #ClimateChange #Greenwashing #NetZero #Business #Advertising

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🤩 Stefan C. Schicker, Partner (Of Counsel) at SKW Schwarz, has been elected as the new Chairman of the Board of the Legal Tech Association Germany (Legal Tech Verband Deutschland). Together with Co-Chairman of the Board Alisha Andert, LL.M., he will drive forward the association's political commitment and further expand its membership services. 💡💬 As a recognized expert in the field of legal tech, Stefan Schicker brings extensive knowledge in the field of artificial intelligence in particular. "The transformative power of generative AI will have a lasting impact on the legal market," explains Schicker. "In my new role at the Legal Tech Association Germany, I see a unique opportunity to actively bring the potential of AI into the focus of the legal sector and make a significant contribution to shaping this revolutionary future." 👀 💬 SKW Schwarz is a member of the Legal Tech Association Germany. "Membership enables us to engage in an even more intensive exchange with a broad spectrum of companies in the legal tech sector," explains Dr. Stephan Morsch, CEO of SKW Schwarz. "We incorporate the valuable input from the association's work into the implementation of our digitalization projects in order to develop cost-efficient solutions for our clients and simplify legal advice processes." #legaltech #skwschwarz #digitalization #technology #legaladvice

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Does oral disclosure of personal data – for example in a telephone call – fall within the scope of the GDPR? In a recent decision (C-740/22), the European Court of Justice dealt with this issue. #CERHAHEMPEL attorney Roman Heidinger and Associate Navid Dersch explain the judgement and the impact on practice in the current issue of the daily newspaper DER STANDARD. Check it out....https://lnkd.in/dMRt2MKT #QualityMatters, #CERHAHEMPELStrategicFit

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CIPL's Natascha Gerlach CIPP/E has written an op-ed with David Dumont, Partner at Hunton Andrews Kurth LLP and Laura Léonard, Senior Attorney, Privacy and Cybersecurity at Hunton Andrews Kurth LLP, on the European Commission Draft GDPR Procedural Regulation and European Parliament Draft LIBE Report. The op-ed discusses the implications of the European Commission's proposal for the GDPR Procedural Regulation and the European Parliament’s LIBE Draft Report. The EC Proposal aims to streamline the handling of cross-border cases by removing obstacles that arise from differences in national procedural laws and ensuring a fair balance of rights for all parties involved.   However, the Draft LIBE report has proposed significant changes to the current GDPR governance model, which have raised constitutional and political concerns. Many of these proposed amendments have been adopted by the EP in its final position on the file. While the Council of the EU is still in the process of drafting its approach, the recent reports indicating the direction of the process, once again, underscore the potential risks of these changes.    In light of recent developments, we invite you to read our op-ed and consider four fundamental questions related to the changes being considered. It is essential to uphold the integrity of the GDPR's governance model and preserve the OSS mechanism. Additionally, the emphasis on the rights of complainants is problematic, as it introduces adversarial elements into what is fundamentally an administrative process between the organisation under investigation and the supervisory authority. Read the article here: https://lnkd.in/enmztbUm #europeancommission #regulation #gdpr

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While many are still questioning the usefulness of AI and the way in which the sector should be regulated, the CNIL is patiently continuing to develop its doctrine. Well aware that technologies are advancing faster than legal texts, the CNIL is once again demonstrating that it is one of the most active authorities on AI at European level, and that it is supporting the sector's development. In this article, you will find the second part of our analysis of the fact sheets published by the CNIL, which set out an intelligible (albeit complex) roadmap for AI system developers to create systems that comply with the european regulation applicable to personal data. How to use web scraping data to train an AI system? Should we we inform data subjects about the logic behind the algorithm? Is an AI system likely to generate personal data by inference? Is it possible for an AI system to "unlearn" personal data? These are some of the questions facing AI system developers. Please do not hesitate to contact the BCLP team to continue this discussion.

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Last week, our partner Robert Straubmeier shared expert insights on 'Manager Liability in Insolvency' at a lecture hosted by the Deutsches Anwaltsinstitut e. V..   Robert delved into the legal requirements of the key liability provisions that managers can face in insolvency scenarios, took a deep dive into the best litigation tactics from his years of experience - both from the perspective of a plaintiff insolvency administrator and a sued manager -, and highlighted how to deal with D&O insurance in a variety of constellations. Participants from diverse backgrounds (insolvency administrators, lawyers and in-house counsel) engaged in fruitful discussions.   Thanks to the Deutsches Anwaltsinstitut e. V. for organizing, and to all attendees for their interest and input.   Missed the lecture? Catch it again on December 6, 2024. Register here: https://lnkd.in/dPJ48EdH #insolvencylaw #insolvencylitigation #litigation #Knowhow #Insolvenzrecht #managerhaftung #WUM  

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📢 The adoption of the draft bill on (i) the seizure and analysis of mobile devices and data as well as (ii) various other procedural provisions has now apparently been postponed. The review period has been extended until end of July, after having drawn fierce criticism. 📢 This is, certainly, the right call. A period of two weeks for reviewing various far-reaching amendments and changes of the Austrian Criminal Procedure Code is simply unacceptable (though I would have preferred such flash of inspiration to arrive sooner). ❌ What irks heavily, though, is that the Austrian Justice Minister seems to have arrived at this conclusion after consultation with representatives of the judiciary, public prosecutors' offices and academia. ❗ What about the laywyers, who as representatives of victims and suspects play a massive role in (white colar) crime proceedings? ❗ In any event: To be continued... https://lnkd.in/dvdnkAqn

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