- My company is not established in the EU. Should I really worry about the EU Data Act applying to my company?
- What are the operational impacts of the EU Data Act on my products‘ interface?
- My products are already on the market, can I still provide them as I am today?
- What data is in the EU Data Act scope?
- Does the EU Data Act provide for a harmonized framework for blockchain-based smart contracts?
- Who can request the sharing of data?
- How should data be made available?
- Are there any limitations on how the data can be shared?
- Can I invoke intellectual property right to forego the data sharing?
- Should the data be made available to public entities as well?
- Will I need to update my contracts as well?
- Will the data be required to stay in the European Union?
- When will all this become an operational reality for me?
- What are the EU Data Act penalties?
14 Questions about the EU Data Act
August 27th, 2024 | Posted by in Artificial Intelligence | Blockchain | Europe | IT | Legislation - (0 Comments)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…)Quo Vadis, Data Domine? The EU Data Act and the EU data landscape
June 7th, 2024 | Posted by in Competition | Europe | IT | Privacy - (0 Comments)Six years after the European Regulation 2016/679 on the protection of personal data (“GDPR”) came into force, the European Union has just adopted a new regulation targeting a better distribution of the value generated by the use of data between players in the digital economy.
Adopted on 11 January 2024, in only 22 months, Regulation 2023/2854 regarding the harmonized rules on fair access to and use of data (Regulation on Data or “EU Data Act”) aims at broadening the scope of Europe’s digital sovereignty, beyond the boundaries of personal data alone.
(more…)GDPR: 6 years in, where do we stand?
May 22nd, 2024 | Posted by in Conference | Europe | Privacy - (0 Comments)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
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