EU law

EU Commission Sends Preliminary Findings to X for DSA Violations

DSA, Enforcement, EU law, X |

The EU Commission has notified X of its preliminary findings regarding breaches of the Digital Services Act (DSA), focusing on dark patterns, advertising transparency, and data access for researchers. X’s practices around “verified accounts” mislead users, its ad repository lacks transparency, and it restricts researcher access to public data. These findings result from an in-depth investigation involving internal documents and expert interviews. If confirmed, X could face fines up to 6% of its global annual turnover and enhanced supervision to ensure compliance.

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Dutch Authority for Consumers and Markets Reports Widespread Non-Compliance with EU Digital Laws

DSA, EU law, Netherlands |

The Dutch Authority for Consumers and Markets (ACM) revealed that many online service providers are not compliant with the European Digital Services Act (DSA) and the Platform-to-Business Regulation (P2B). A recent survey of 50 businesses found significant gaps in adherence to these laws, which include requirements for complaint handling, transparency, and content moderation. The ACM clarified it is the designated regulator for both the DSA and P2B Regulation, but can only enforce their provisions after the entrance into effect of the Dutch implementation laws, expected in 2025. Guidelines have been published to assist organizations in complying with these regulations.

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CNIL Launches Public Consultation on Workplace Diversity Measurement

CNIL, DPA guidance, EU law |

On 9 July 2024, the French data protection authority (CNIL) launched a public consultation on a draft recommendation for conducting diversity measurement surveys in workplaces, open until 13 September 2024. The draft emphasizes the need for anonymity, voluntary participation, and data minimization. It recommends involving a trusted third party to manage sensitive data and ensure compliance with GDPR. The goal is to help organizations measure diversity while protecting individual privacy and ensuring adherence to legal standards, including the 2007 Constitutional Council decision prohibiting ethno-racial data collection.

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Baden Wurtemberg DPA published a navigator for AI & data protection guidance (ONKIDA)

AI, EU law, GDPR |

The LfDI Baden-Württemberg has published the ‘Orientation Aids Navigator AI & Data Protection’ (ONKIDA) on 19 July 2024. This tool helps organize and provide quick access to key regulatory documents on artificial intelligence and data protection, making it easier for authorities and companies to navigate GDPR compliance. ONKIDA includes a matrix that links central data protection requirements with guidance from various supervisory authorities, facilitating the understanding and application of these regulations in AI contexts.

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CNIL’s Guidance on Deploying Generative AI

AI, CNIL, EU law, GenAI |

On 18 July 2024, CNIL published guidelines for organizations planning to deploy generative AI systems, emphasizing the importance of responsible and secure deployment to protect personal data. Generative AI, capable of creating various types of content, requires large datasets, often including personal data, for training. CNIL advises starting with specific needs, supervising usage, acknowledging system limitations, choosing secure and robust deployment methods, and implementing governance for GDPR compliance. Training and awareness for end users on risks and prohibited uses are crucial to mitigate potential harms and ensure proper handling of data.

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