EU law

EDPS Issues Guidelines on Generative AI for EU Institutions

AI, EU law |

The European Data Protection Supervisor (EDPS) published its first orientations on generative AI and data protection. The guidelines provide EU institutions with advice on processing personal data using generative AI systems to ensure compliance with Regulation (EU) 2018/1725. Emphasizing data protection principles, the orientations aim to cover various scenarios without prescribing specific technical measures. They mark the first step towards more detailed guidance that will evolve with generative AI technologies and the EDPS’s oversight activities.

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Austria’s DSB Publishes Information on the relationship between the GDPR and the EU AI Act for controllers

AI, EU law, GDPR |

The Austrian Data Protection Authority (DSB) issued guidelines on the relationship between the GDPR and the new EU AI Act, formally adopted on 21 May 2024. The DSB emphasized that the GDPR remains applicable when personal data is processed by AI systems. The guidelines, one aimed at private controllers and another aimed at public controllers, stress the importance of legal bases under Articles 6(1) and 9(2) of the GDPR for processing personal data.

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Consent or Pay

German Court Decision Contrasts with EDPB Stance: Regensburg Court Validates Meta’s “Consent or Pay”

Consent, Consent or Pay, EDPB, EU law, GDPR |

Remember the EDPB draft opinion on Meta’s “consent or pay”? If not, read here my summary. Well that one was published on 17 April, but I came across a court decision from 15 April, in Germany, also on “consent or pay”. Spoiler alert: the arguments don’t totally match, and the conclusion is entirely different! Here’s

German Court Decision Contrasts with EDPB Stance: Regensburg Court Validates Meta’s “Consent or Pay” Read More »

ChatGPT

OpenAI’s GDPR Compliance Faces New Challenge in Europe

Enforcement, EU law, GDPR, noyb, OpenAI |

It’s hardly shocking that LLM chatbots like OpenAI’s ChatGPT struggle with GDPR compliance, particularly with data subject requests like rectification or deletion. Why? Because these LLMs generate responses based on training patterns rather than accessing or storing personal data from interactions—meaning they can invent data if it seems fitting to the algorithm. 💡🤖Despite hopes that

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EDPB Opinion on Consent or Pay – A Quick Summary

Consent, Consent or Pay, EDPB, EU law, Facebook, GDPR |

The European Data Protection Board has examined the legality of ‘consent or pay’ models, where users are presented with a choice between consenting to the processing of their personal data for behavioral advertising purposes or paying a fee. In the opinion published on 17 April 2024 the EDPB has concluded that such models can be used lawfully only with significant changes to the current practice. Here’s why they say this and what they think is the way to go.

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