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Category: Data Protection

Data Protection

A year of Data Protection Law: 2024 review

Throughout this year, the EU and the UK have experienced several notable developments in data protection. In this article, we will highlight some of the key milestones of 2024.   The year began with an ever relevant reminder, advising UK organisations on the transfer of personal data to the US under the UK GDPR, stressing

New EU Product Liability Directive

Council of the EU has adopted a new EU Product Liability Directive, offering greater legal clarity to both businesses and consumers.  The European Union has unveiled a significant update to its product liability laws through the new Product Liability Directive. This directive officially came into force on December 8, 2024., replacing the 1985 law, bringing

A Polish catering company was fined €54,600 for a data breach after an employee lost a flash drive with sensitive data.

A Polish catering company was fined €54,600 for failing to protect personal data after an employee lost a flash drive containing sensitive information, revealing vulnerabilities in the company’s data security. The Polish Data Protection Authority (UODO) recently fined Res-Gastro M. Gaweł Sp. k., a catering company in Kolbuszowa, Poland, €54,600 for failing to implement adequate

Aphaia participates in the event organised by NAIR Center about AI and society in Pamplona

Aphaia’s Managing Partner Cristina Contero Almagro offered a presentation about the Future and Regulation of Artificial Intelligence in Spain at the “AI and Society: Challenges and Opportunities” event organised by NAIR Center in Pamplona on 21st November.   On 21st November, Pamplona became the center of critical discussions about the intersection of artificial intelligence (AI)

Using AI in recruitment: Recommendations for business owners

The ICO has published recommendations for business owners on using AI in recruitment processes lawfully and ethically.   Artificial intelligence (AI) is transforming recruitment by saving time and improving efficiency for businesses of various sizes and across industries. Businesses are using AI tools to source potential candidates, summarize CVs, as well as score applicants. However,

ePrivacy Directive Article 5(3): Device Tracking and User Consent

Understanding Article 5(3) of the ePrivacy Directive and its Implications on Device Tracking and User Consent   The ePrivacy Directive, specifically Article 5(3), restricts the storage and access of information on users’ devices without their consent, except under specific conditions. This legislation plays a crucial role in protecting users from unauthorized storage and access to

Legitimate interest as a legal basis: Guidance from the EDPB

Controllers must ensure necessary, proportionate, processing which respects the rights of data subjects, ensuring GDPR compliance.   When processing personal data under the General Data Protection Regulation (GDPR), controllers must ensure that their actions are lawful. Specifically, if relying on Article 6(1)(f) of the GDPR, the processing must be based on a legitimate interest. This

Tech giants push for lighter AI regulations in Europe

Tech giants push for lighter AI regulations in Europe amid concerns over fines and transparency.   In a pivotal final effort, the world’s largest technology companies are urging the European Union (EU) to take a more lenient stance on regulating artificial intelligence (AI). Firms like Amazon, Google, and Meta are currently facing the looming possibility

Communication after a data breach: Lessons from the Dutch DPA

The Dutch DPA has emphasised the importance of communication after a data breach, after a 2023 study revealed that many organisations failed to inform victims in a timely manner.   In an age where personal data is often at risk due to cyberattacks and other breaches, individuals affected by data breaches can often feel left

CNIL fined Cegedim Santé €800,000 for unlawful processing of sensitive health data

CNIL imposed a €800,000 fine on Cegedim Santé for the unauthorized and unlawful processing of sensitive health data.   In 2021, Cegedim Santé, a company specializing in management software for general practitioners and health centers, came under scrutiny from the French data protection authority, CNIL. The company provides software to around 25,000 medical practices and