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A recent survey of regional data protection authorities in Germany has revealed 75 cases of reported personal data breaches since the GDPR came into effect on 25 May 2018. As a result, German authorities have imposed punitive fines totalling €449,000. Germany differs from Ireland as the responsibility for monitoring and ensuring compliance with the GDPR and national data protection laws is delegated to each of the 16 German states, with each state possessing its own…
The European Commission’s High Level Expert Group on Artificial Intelligence has released a new set of guidelines for ensuring that AI is “trustworthy”, following a public consultation with feedback from over 500 contributors. The updated guidelines set out the EU’s guidance for assisting developers and deployers in achieving “trustworthy AI”, maximizing the benefits and minimizing the risks associated with this emerging area of technology. Following its European strategy on AI (published in April 2018), the…
The Information Commissioner’s Office (ICO) has launched a consultation on a code of practice for online services to ensure they adequately safeguard children’s personal data. This follows on from the UK consultation for new online safety laws (discussed here). The Irish government has also recently launched guidance in relation to online safety (discussed here). The UK Data Protection Act (DPA) 2018 also requires the ICO to produce an age-appropriate design code of…
On 17 April 2018, the European Commission proposed new rules in the form of a Regulation and an accompanying Directive, which aim to improve law enforcement authorities’ cross-border access to e-evidence. The proposed Regulation on European Production and Preservation Orders enables a judicial authority in a Member State to obtain electronic evidence in criminal matters directly from a service provider in another Member State. The Directive complements the Regulation, as it sets out the…
On 17 April 2019, the European Parliament approved a new Regulation on platform-to-business trading practices. It requires online platforms and online search engines to comply with certain legal obligations and also encourages them to take voluntary complimentary steps. The Regulation aims to ensure that businesses using online intermediation services and general online search engines have greater certainty and clarity with respect to the rules governing their relationships with these platforms and how to resolve potential…
In Ryanair dac v SC Vola.ro srl [2019] IEHC 239 the Irish High Court confirmed the enforceability of a jurisdiction clause contained within a website’s Terms of Use, finding the user had agreed to it via a “click-wrap” agreement. Following previous Ryanair screen-scraping cases, the court held the click-wrap agreement met the requirements of Article 25(1) (c) of the Brussels I Recast Regulation (EU 1215/2012) (the Regulation). The court rejected the defendant’s arguments that there had been no…
On 1 May 2019, Ms Helen Dixon, the Data Protection Commissioner (DPC), appeared before the US Senate Committee on Commerce, Science and Transportation.  She was invited to testify on Ireland’s implementation of the GDPR, as the US is considering introducing a federal data privacy framework. California has already passed a new data privacy law, the California Consumer Privacy Act, which is due to come into effect on 1 January 2020. This note sets out some of the highlights…
As we approach the GDPR’s one-year anniversary, we are starting to see more enforcement activity by the EU Data Protection Authorities (DPAs) as they complete their initial investigations into data breaches. This blog looks at two recent fines issued by the Polish and Danish DPAs, which demonstrate the type of conduct likely to lead to enforcement activity.…