Access the full list of the EDPB and WP29 Guidelines here, including consultation versions, now-current versions and redlines between versions.
List of the EDPB Guidelines
May 30th, 2023 | Posted by in Guidelines | Non classé | Privacy - (0 Comments)Gateway to Privacy – Our K&L Gates Data Protection Podcast
February 22nd, 2023 | Posted by in Europe | Podcast | Privacy | World - (0 Comments)This program provides timely updates, best practices, and emerging developments in today’s data protection, privacy, and security industry.
Influenced by Influencers? Legislative Updates to Illegal Content in the Digital Age
June 10th, 2024 | Posted by in France | Legislation | Non classé - (0 Comments)Recent legislative updates have emerged in France, focusing on the intricate balance between national regulation and European Union directives —especially relevant to the evolving sector of commercial influence. The French law no. 2024-356, passed on 22 April 2024 (“DADDUE Law”), has granted the government a nine-month window to modify previous statutes to align with European standards.
The DADDUE Law will harmonize French national law (notably Law no. 2023-451 on the Regulation of commercial influence of 09 June 2023, see our previous post on this topic) with various European texts, including the e-commerce directive and directives like the DSA and SMA.
Among the articles set for revision are:
- Article 1 regarding the definition of influence;
- Article 2 on influencers’ agents;
- Article 4 on prohibited sectors of promotion;
- Article 5 on advertising disclosure requirements;
- Article 8 on the framework of contracts between influencers and agents; and
- Article 9 on insurance mandates for non-European influencers.
This underscores an initiative to refine the French national law on commercial influence in response to feedback from the European Commission.
The DADDUE Law will also repeal five articles within the prior law (articles 10, 11, 12, 15, and 18) that intersect with the Digital Services Act (DSA), on the obligations for hosting providers to implement alert systems for reporting illegal content and to comply promptly with legal and administrative injunctions to remove such content.
Furthermore, a government report will be presented within the next three months to address the necessary adjustments to Law no. 2023-566 on setting a digital majority age and battling online hatred, again drawing on remarks from the European Commission.
The path paved by the Law of 22 April 2024 requires a meticulous approach to legislative adaptation, ensuring that national regulations resonate with broader, collective European goals. This development is pivotal for professionals within the digital influence sphere and platforms hosting user-generated content, who must stay abreast of the changing legal landscape to sustain compliance and foster responsible online interactions.
First publication: K&L Gates Fashion Law Watch Blog – in collaboration with Kenza Berrada
Decree No. 2024-388 and Its Implications for Intermediation Platforms
June 10th, 2024 | Posted by in France | Legislation | Privacy - (0 Comments)Digital intermediation service platforms within the sectors of chauffeur-driven transportation and goods delivery have new responsibilities since the enactment of Decree no. 2024-388 on 25 Avril 2024. Operating under the framework established by Article L. 7345-1 of the French Labor Code, this Decree has initiated a systematic collection and transmission protocol for data concerning platform workers’ activities to the French Employment Platforms Social Relations Authority (“ARPE”).
This new system aims to bolster the production of statistical reports, as instrumental means to inform and transform the dialogue with the representative organizations.
Along these lines, platforms hold an equally important responsibility to revise their privacy notices. Transparency is paramount—the notices must clearly articulate these new data processing operations to the individuals concerned, ensuring that workers are fully aware of how their personal data is captured, utilized, and shared.
The implementation of Decree no. 2024-388 also signals a proactive step towards enhancing social dialogue tools within the affected sectors. Empowering ARPE to collect and leverage the data within its statutory power creates an opening for more informed policy-making and a more significant discourse between platforms, workers, and representative organizations.
The inception of the Decree manifests a shift towards a more transparent and regulated digital labor market. It requires those in authority—data controllers and intermediation platforms alike—to engage in a comprehensive update of operational protocols and privacy frameworks, thereby securing data subject rights while contributing to a broader socio-economic analysis. Such task will necessitate a keen understanding of both legal obligations and the ethical standards underscoring the digital economy.
The crucial evolution underlying the enactment of the Decree will require Platforms acting as data controllers to update in alignment their records of processing activities (RoPA) and meticulously document the nature, purpose, scope of data processed and the operational procedures for transferring requisite data to the ARPE.
First publication: K&L Gates Cyber Law Watch Blog– in collaboration with Kenza Berrada
France: Shrinkflation – New Transparency Requirements for Retailers
June 10th, 2024 | Posted by in eCommerce | France | Legislation - (0 Comments)A new regulatory landscape will reshape the food retail distribution in France starting from 01 July 2024, generalizing a mandatory obligation to inform consumers on product quantity changes and price trends. The decree, published on 04 May 2024, outlined crucial requirements for retailers, ensuring that consumers are not left in the dark when it comes to alterations in product sizes or volumes.
Indeed, the phenomenon, also known as “shrinkflation”—a reduction in weight or volume of prepackaged mass-market products and the upward trend in the price of the product per unit of measurement— must be clearly communicated to the consumer. This communication must detail the decreased quantity and any corresponding rise in unit price, allowing consumers to make informed decisions.
The mandate extends across both food and non-food commodities marketed in consistent amounts, such as weight or volume. Nevertheless, products sold in varying quantities or non-prepackaged formats do not fall under this umbrella.
Pursuant to Article L. 112-1 of the French Consumer Code (“FCC”), provides the legislative framework for these requirements, while Article L. 521-1 FCC empowers the French administrative authority Direction Générale de la Concurrence et de la Répression des Fraudes (“DGCCRF”) with policing power to enforce compliance.
Non-compliance carries substantial financial penalties—a maximum fine of €3,000 for individuals and €15,000 for corporations. Furthermore, the DGCCRF has the right to implement corrective measures and publish the infringement at the expense of the offending business, as per Article L. 521-2 FCC.
These provisions mark a significant step towards greater transparency in market sales, empowering consumers with information to navigate their purchases effectively amidst evolving market conditions. Retailers should prepare to integrate these changes into their operations, ensuring clarity and compliance as the decree takes effect on 01 July 2024.
First publication: pending – in collaboration with Kenza Berrada
Political groups demand ‘responsibilities’ over Parliament’s data leak
June 10th, 2024 | Posted by in Data Breach | Europe | Interview | Privacy - (0 Comments)Four political groups have sent letters to the European Parliament President asking for further details, action, and “responsibilities” related to a recent data breach that affected a significant amount of employees’ personal data, including passports.
(more…)EU AI Act [FULL TEXT]
May 21st, 2024 | Posted by in Artificial Intelligence | Europe | Legislation - (0 Comments)
Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act)
(Text with EEA relevance)
(more…)Once More Ranked Among World’s Best Data Law Firms by Global Data Review
May 5th, 2024 | Posted by in Non classé | Privacy | Rankings | World - (0 Comments)Once again, global law firm K&L Gates LLP has been ranked among the world’s 100 leading data law firms by Global Data Review’s GDR 100. The annual list examines law firms’ privacy and data protection capabilities, use of IP and confidentiality laws to protect proprietary data, and the firm’s work on all other personal and non-personal data laws at a global level.
Nearly two dozen K&L Gates lawyers were recognized in the 2024 GDR 100, including Paris partner Claude-Étienne Armingaud. Other partners leading the practice and identified in the profile include Melbourne partner Cameron Abbott, Seattle partners Shannan Frisbie, Whitney McCollum, David Bateman, and Carley Andrews, Washington, D.C., partner Bruce Heiman, Chicago partner Limo Cherian, London partner Sarah Turpin, and Research Triangle Park partners Gina Bertolini and Leah Richardson.
Clients provided positive feedback of their experience working with K&L Gates’ lawyers stating the team has “deep knowledge of privacy laws and regulations, but they also understand the business impact of their advice. This sets them apart from other firms in the market.”
K&L Gates’ Data Protection, Privacy, and Security practice boasts more than 60 lawyers and professionals with experience in various technologies and methodologies. From assessing risk to incident response, breach, and crisis counseling globally, the team is qualified to handle most data privacy and security compliance issues. The practice also assists with cross-border mergers and acquisitions and specialized services focused on emerging areas such as biometric data compliance and defense.
The full K&L Gates profile can be read at Global Data Review (subscription required).
THE 2024 LAWDRAGON 500 LEADING GLOBAL CYBER LAWYERS
April 26th, 2024 | Posted by in Privacy | Rankings | World - (0 Comments)We are thrilled to share our newest guide – and honor the 500 global cyber lawyers recognized here.
There is little in life or law that isn’t encoiled in the digital world these days. And these are the lawyers who connect it all – data and security, innovation and inspiration, litigation and exploration.
Defining what exactly a leading cyber lawyer is was part of the mission. The core of this guide are the privacy and data security specialists who began forming this practice well over a decade ago as companies experienced data breaches and attorneys scurried to become designated as privacy specialists.
But a deep dive on what lawyers and firms globally consider to be cybersecurity these days uncovered a world robust with former intelligence officers, hackers, government officials learning to parse competition claims regarding data sets, tech dealmakers turned to for their way around cyber protocols as deal points, litigators who defend Big Tech from claims of biometric privacy invasion. Robustly represented are former prosecutors and other government leaders whose portfolios detail vast experience in cyber crime security and prosecution.
Take TikTok as an example of the vast layers of legal regulation, national security, technology and consumer protection embedded in its affairs. We’re fascinated to watch the legal teams assemble to parse demands it be sold.
Specialists in regulation of drones and autonomous vehicles are represented here, alongside the legal world’s leading minds in national security, who guide on often old battles fought with new weapons.
To create this list – our inaugural edition – we weighed nominations, independent research and views of peers. This guide is 39 percent female and 19 percent inclusive. Those noted by an asterisk are esteemed members of our Hall of Fame.
Source: LawDragons
GDR 100 2024 profile: K&L Gates
April 17th, 2024 | Posted by in Europe | Non classé | Privacy | Rankings | World - (0 Comments)K&L Gates’s expertise in data and tech work has recently seen it advise on matters as diverse as AI and machine learning projects’ impact on personal data retention and transparency and the implications of augmented reality make-up applications and smart fragrances. While the firm has some significant tech companies on board, the client base skews more heavily towards advising more traditional industries through digital transformation.
The data protection, privacy and security practice has multiple leaders, reflecting its wide geographic spread.
Claude-Étienne Armingaud in Paris, who is a dual-qualified French and New York lawyer, is a stand-out name: besides GDPR and privacy compliance, he also has extensive experience advising on tech transactions, for example relating to software, blockchain, connected cars and more. Other partners leading the practice are Cameron Abbott in Melbourne; Shannan Frisbie, Whitney McCollum, David Bateman and Carley Andrews in the firm’s Seattle headquarters; Bruce Heiman in Washington, DC; Limo Cherian in Chicago; Gina Bertolini and Leah Richardson in the Research Triangle Park office in North Carolina; and Sarah Turpin in London.
The K&L Gates practice’s senior ranks grew with the addition of San Francisco partner Michael Stortz, who was formerly at Akin Gump. Thomas Nietsch was promoted to the partnership in Berlin. The firm also hired counsel Veronica Muratori in Milan from Withersworldwide; Avril Love in Los Angeles from Tucker Ellis; and Ulrike Elteste in Frankfurt from Covington & Burling.
Client references
“K&L Gates has deep expertise and knowledge in this area and is always responsive. Advice is always timely and well-considered.”
“Collaboration with K&L Gates is always seamless. The team have deep knowledge of privacy laws and regulations, but they also understand the business impact of their advice. This sets them apart from other firms in the market.”
First publication: Lexology GDR100
Acquiring an AI Company
April 14th, 2024 | Posted by in Artificial Intelligence | Non classé | Press | World - (0 Comments)A Practice Note highlighting issues to consider when counseling a prospective buyer of an AI company. This Note discusses the primary due diligence issues relating to AI and machine learning (ML) and strategies to mitigate or allocate risks in the context of an M&A transaction. This Note is also helpful for AI company targets that seek to anticipate potential issues. In this Note, the term AI company refers to a company involved in the research, development, or monetization of a product or service that is primarily powered by an ML algorithm or model that creates functionality or utility through the use of AI.
Read the full article on Practical Law, written in collaboration with by Annette Becker, Alex V. Imas, Jake Bernstein, Mark H. Wittow, Melanie Bruneau, Marion Baumann, Kenneth S. Knox, Julie F. Rizzo, Cameron Abbott, Thomas Nietsch, and Nicole H. Buckley.
Legal 500 Rankings 2024 – Data Privacy and Data Protection – Tier 2 & Leading Individual – France
March 27th, 2024 | Posted by in France | Privacy | Rankings - (0 Comments)The ‘young and innovative team’ at K&L Gates LLP has a strong reputation in the market for its ability to handle data protection liability issues in M&A transactions and global data protection compliance mandates. Areas of activity for the practice include machine learning, autonomous driving and blockchain-based services. Claude-Étienne Armingaud heads up the team and is described as a ‘fount of knowledge on the subject of privacy and data protection‘. He is frequently sought out by clients from the software industry for assistance with cross-border technology transactions.
Leading individuals: Claude-Etienne Armingaud – K&L Gates LLP
Practice head(s): Claude-Etienne Armingaud
Other Key Lawyer(s): Camille Scarparo
(more…)
Copyright © 2024 All rights reserved.
Designed by 