//by Behrang Raji// The European Commission published its draft on the regulation of AI on 21.04.2021. It is an extensive work with 89 recitals, 85 articles and further annexes. Throughout, it becomes clear that the draft attempts a very difficult…
Dark Patterns – did they just trick you with a “don’t not opt out”
//Aprajita Tyagi// We have all heard about the TurboTax fiasco1 where the company hid the U.S. government-mandated free tax-file program for low-income users. They hid this option on their website to get these users to use their paid program. But…
Virginia Follows California with a Comprehensive State Privacy Law
By Michael Shapiro// On March 2, 2021, Virginia became the second U.S. state, after California, to enact a comprehensive consumer privacy legislation. Inspired by the GDPR and the California Consumer Privacy Act, the Virginia Consumer Data Protection Act (VCDPA)1 introduces…
Canada Introduces a Long-Anticipated New Privacy Law for the Private Sector
By Michael Shapiro// On November 17, 2020, Canada’s Minister of Innovation, Science and Industry introduced a proposed Digital Charter Implementation Act, 20201 through which the Canadian government intends to establish a new privacy law for the private sector, the Consumer Privacy Protection…
Right of Access: Austrian Court requires to inform which specific data being transferred to any individual recipient
by Andreas Rohner, Gerald Trieb// The Austrian Federal Administrative Court (“AFAC”)1 held2 a data subject has the right to be fully informed which specific personal data has been disclosed or will be disclosed to a recipient by the data controller.3…
GDPR: 90% reduction of fines by German Court
//by Jonas Puchelt and Sandra Brechtel The Regional Court Bonn reduced fines of EUR 9.55 million imposed by the German SA on the telecommunications company 1&1 to “only” EUR 900,000.00. Is the reduction of the fines by more than 90%…
The long road
By Prof Ulrich Kelber, German Federal Commissioner for Data Protection and Freedom of Information (BfDI)// Recently the General Data Protection Regulation (GDPR) celebrated its second birthday. Nobody expected a wild party even before the Corona pandemic. Instead there were appropriate…
Data: The key role in fighting against the Coronavirus pandemic (Opportunities and risks of the contact tracing Apps)
By Jutta Sonja Oberlin// Recently, developers from all over the world including Google and Apple1 have been working on pseudonymous contact tracing apps. These so-called Corona Apps could play a vital role in the fight against the virus, but they…
Video surveillance: The supervisory authorities’ view and recent case law
By Dr Alexander Golland and Dr. Jan-Peter Ohrtmann// With the growing popularity of smartphones, dashcams and video surveillance for access control, cameras are increasingly becoming a part of daily life. In particular, video surveillance conducted by private companies – to…
Junk mail from a dating portal (decision of Austrian DPA)
by Andreas Rohner, Gerald Trieb// The Austrian Data Protection Authority (DPA)1 ruled that the absence of a ”double opt-in” procedure can, in some cases, constitutes a breach of Article 32 GDPR.2 Double opt-in In a ”double opt-in” procedure, a user gives his…