[{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2014/10/first-ftc-rosca-case-challenges-bogus-bogo-free-claims","titre":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims","pubDate":"Wed, 07 Oct 2026 08:05:50 +0200","id":3201052,"description":"First FTC ROSCA case challenges bogus BOGO and \"free\" claims wfg-adm109 October 21, 2014 | 12:02PM First FTC ROSCA case challenges bogus BOGO and \"free\" claims By Lesley Fair It’s called ROSCA – the Restore Online Shoppers’ Confidence Act – and it prohibits marketers from charging consumers for an online transaction unless the marketer has clearly disclosed all material terms of the deal and received the consumer’s express informed consent. Your e-commerce clients will want to know about the FTC’s first ROSCA case , filed recently in Nevada. According to the lawsuit, Health Formulas, LLC and a tangle of related California- and Nevada-based companies and individuals – consumers may know them as Simple Pure Nutrition – pitched a variety of products for weight loss, muscle building, virility, and skin care. The defendants advertised diet supplements like Pure Green Coffee Bean Plus and RKG Extreme as a shortcut to drop the pounds: “Burn fat without diet or exercise,” “Extreme weight loss!” “Shed pounds fast!” “Super concentrated double fat burning,” etc. Among the defendants’ more colorful business names: Weight Loss Dojo, Longhorn Marketing (sorry, Texas fans), Black Bull, and Unleash the Thunder. But unsubstantiated weight loss claims were just the start. The FTC says the defendants lured people in with bogus promises of a “free” trial or deceptive buy-one-get-one (BOGO) offers. Then they tricked consumers into giving their credit or debit card information with the false implication that consumers had to “just pay shipping.”   Digits in hand, the defendants really went to town, allegedly signing consumers up without their authorization for a negative option program that billed their accounts over and over again, to the monthly tune of between $60 and $210. The FTC says the defendants violated ROSCA by using a negative option feature without providing clear and conspicuous disclosures, getting the consumer’s express informed consent, and offering a simple mechanism for stopping the recurring charges. The FTC’s complaint also cites the defendants’ hard-to-find and hard-to-understand fine-print “terms and conditions,” which consumers could reach only by scrolling through the equivalent of two printed pages and clicking on an obscure hyperlink. Assuming they found it – and that’s a big if – the typical “terms and conditions” document was 10 pages long. On some websites, consumers had to scroll down the payment page to see further fine-print disclosures about the cost of the products. The first sentence reiterated what consumers generally understood (“You must pay a shipping and handling fee of $4.95 for us to send you a full 30 day supply of Garcinia Cambogia Extract”) but it wasn’t until the middle of the paragraph that the defendants mentioned that the trial period lasts only 14 days, that it began when the items were shipped (not delivered), and that consumers would be charged after that. Other websites didn’t even include that information. According to the lawsuit, consumers who attempted to take the defendants up on their money-back guarantee were met with a series of undisclosed roadblocks. In addition to the ROSCA counts, the FTC says the defendants’ practices violated the Electronic Fund Transfer Act by debiting consumers’ accounts on a recurring basis without their prior written authorization. What’s more, the complaint charges that the defendants continued to call people after being told to cut it out, in violation of the Telemarketing Sales Rule’s entity-specific Do Not Call provisions. The FTC says they also violated the TSR through a series of deceptive upsells. A federal judge has entered a temporary restraining order and the FTC is seeking to put a permanent stop to the defendants’ illegal practices. If your clients have ROSCA questions, the"},{"description":"Brussels, 16 April – During its latest plenary, the EDPB has adopted Guidelines on processing of personal data for scientific research purposes . In addition, the Board has created a team to speed up the finalisation of the guidelines on anonymisation. The EDPB has also adopted two opinions on the two sets of the Europrivacy certification criteria for approval as European Data Protection Seals, one of which to be used as a tool for transfers. Many areas of scientific research rely on the processing of individuals’ personal data, and this has driven significant scientific breakthroughs that benefit society. The rise of new technologies, such as artificial intelligence, also contributes to scientific progress by enabling researchers to use and analyse data in innovative ways. The main objective of the EDPB guidelines on scientific research is to provide more clarity for researchers and make GDPR compliance easier , while ensuring the protection of individuals’ fundamental rights . “Scientific research can drive societal progress and improve our daily lives.  Our guidelines facilitate innovative research by helping researchers to navigate the GDPR. The EDPB is committed to supporting the scientific community and unlocking the full potential of scientific research in the EU while upholding data protection rights.\" EDPB Chair, Anu Talus In its guidelines, the Board provides clarifications on the concept of ‘scientific research’ . To determine if the processing takes place for scientific research purposes in the meaning of the GDPR, the Board provides six key-indicative factors that should be considered, in addition to the nature, scope, context and purposes of processing. These are: 1) methodical and systematic approach, 2) adherence to ethical standard, 3) verifiability and transparency, 4) autonomy and independence, 5) objectives of the research, and 6) potential to contribute to existing scientific knowledge or apply existing knowledge in novel ways. If the research activities meet these six factors, they can be presumed to constitute scientific research. Otherwise, the controller should justify and be able to demonstrate why the activities should be considered scientific research, within the meaning of the GDPR. Further processing for scientific research purposes is presumed to be compatible with the initial purpose for collecting individuals’ personal data. Therefore, controllers are not obliged to do the purpose compatibility test under the GDPR to determine if the new processing is compatible with the original purpose of collection. However, controllers must still make sure that the legal basis of the initial processing is also suitable for the further processing of personal data for scientific research purposes. Controllers can rely on “broad consent” where the purposes of research are not fully known at the time of collecting the personal data. In this case, researchers should respect ethical standards for scientific research and put additional safeguards in place to compensate for the lack of purpose specification. Controllers can also ask individuals to consent to different individual research projects separately, as soon as the purposes of those projects become known (dynamic consent). A combination of both broad and dynamic consent is also possible. In addition, the EDPB clarifies rights of individuals when their personal data are processed for scientific purposes. This includes the rights to erasure and object for which limitations may apply when personal data are processed for scientific research purposes. The Board provides examples to explain when the right to erasure can be considered likely to render impossible or seriously impair the objective of conducting scientific research. The EDPB also explains when controllers may reject an individuals’ objection to the processing of their personal data for scientific research purposes. This can be the case when processing is necessary for the performance of a task carried out for reasons of","titre":"EDPB brings clarity to data processing for scientific research, speeds up the finalisation of the anonymisation guidelines and approves first European data protection seal as a tool for transfers","id":2829942,"pubDate":"Thu, 16 Apr 2026 14:15:11 +0200","source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2026/edpb-brings-clarity-data-processing-scientific-research-speeds-finalisation_en"},{"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2026/edpb-annual-report-2025-supporting-stakeholders-through-guidance-and-dialogue_en","description":"Brussels, 09 April - The European Data Protection Board (EDPB) has published its  2025 Annual Report . The report provides an overview of the EDPB work carried out in 2025 and reflects on important milestones, such as the adoption of the  Helsinki Statement on Enhanced Clarity, Support, and Engagement . “In 2025, we saw the data protection landscape change significantly. The rapid expansion of the EU’s digital regulatory framework has added complexity to the data protection ecosystem. To help organisations navigate this complexity and support compliance, the EDPB focused on enhancing legal certainty, making compliance more achievable in practice, and strengthening cooperation, both among Data Protection Authorities and with other regulators.  We also prioritised meaningful dialogue with stakeholders to ensure our work reflected real-world needs. Our achievements support economic growth while continuing to protect individuals’ fundamental rights to privacy and data protection.” EDPB Chair, Anu Talus   The Helsinki’s statement initiatives leading the way In 2025, the EDPB worked actively to address the demand for regulatory simplification to support innovation and economic growth, while ensuring the protection of individuals’ personal data.  With this in mind, the Board adopted the  Helsinki Statement on Enhanced Clarity, Support, and Engagement , which outlines new initiatives to  make GDPR compliance easier, strengthen consistency, enhance the dialogue and improve transparency with stakeholders and boost cross-regulatory cooperation .   For example, the Board launched a public consultation to ask organisations which templates would be most useful, organised several stakeholder events to consult organisations on upcoming guidelines and systematically published reports on stakeholder input.    Easing compliance for organisations and providing legal advice In the context of ongoing discussions on regulatory simplification at EU level, the EDPB actively contributed to legislative initiatives aimed at reducing administrative burden and streamlining requirements. The Board adopted a  joint opinion with the European Data Protection Supervisor (EDPS) on the Commission’s Proposal for a Regulation amending certain regulations, including the GDPR.  In addition, the Board held important discussions on this matter during plenary meetings, which subsequently informed the  EPDB/EDPS joint opinions on the Commission’s proposals on the  Digital Omnibus and on the  Digital Omnibus on AI adopted at the beginning of 2026. The Board also delivered five adequacy-related opinions concerning United Kingdom, Brazil and the European Patent Organisation (EPO).  In addition, the Board adopted  Recommendations on the legal basis for requiring the creation of user accounts on e-commerce websites , and  Recommendations on the 2027 WADA World Anti-Doping Code  upon request from the Commission.   Strengthening cross-regulatory cooperation Cross-regulatory cooperation was a key focus for the EDPB last year. The EDPB worked together with the European Commission to clarify how data protection and digital laws interact and to address legal and practical challenges in cross-sectoral cases. In 2025, the EDPB adopted its first set of  joint guidelines with the Commission on the interplay between the Digital Markets Act (DMA) and the GDPR . The Board also worked with the Commission on joint guidelines on the interplay between the AI act and EU data protection laws for adoption in 2026.  In addition, the EDPB adopted  guidelines on the interplay between the Digital Services Act (DSA) and the GDPR .   Placing stakeholders at the heart of the EDPB work In 2025, a public consultation was launched on the  joint guidelines with the Commission on the DMA and the GDPR . The Board has also organised public consultations on the EDPB guidelines on  DSA and GDPR","titre":"EDPB annual report 2025: supporting stakeholders through guidance and dialogue","id":2816021,"pubDate":"Thu, 09 Apr 2026 14:14:02 +0200"},{"id":2780286,"pubDate":"Tue, 24 Mar 2026 14:08:47 +0100","titre":"EDPB conference on cross-regulatory cooperation: what we learned","description":"Brussels, 23 March - On 17 March 2026, the EDPB conference “Cross-regulatory interplay and cooperation in the EU: a data protection perspective” took place in Brussels. The event showcased high-level discussions, featuring contributions from representatives of key EU institutions, European Data Protection Authorities, academia and industry.  Key takeaways from the panel discussions Throughout the day, three panels were held, focusing on 1) data protection and competition , 2) the Digital Markets Act (DMA) and the GDPR , and 3) the Digital Services Act (DSA) and the GDPR .  During the first panel , speakers emphasised the critical need for cooperation between regulatory bodies in the fields of data protection and competition and shared views on what regulators in the two fields can learn from each other, especially in the aftermath of the Bundeskartellamt ruling. A speaker emphasized that regulators should align their approaches and recognize synergies between the two fields, such as protecting consumers and data subjects. Others pointed out that fixing harm to end users does not always solve competition issues, and that data protection should be considered in competition analysis only when relevant, on a case-by-case basis. Panellists also highlighted the need to cooperate not just on individual cases, but on broader concepts and legal principles.  In this context, the EDPB has recently agreed to develop joint guidelines with the European Commission to address the interplay between competition law and data protection. The discussions in the second panel centred on the joint guidelines on the DMA and the GDPR , which were developed by the European Commission and the EDPB and recently underwent public consultation. The joint guidelines are an unprecedented work and a good example of regulatory cooperation paving the way for further examples ahead, in line with the  EDPB Strategy 2024-2027 and  Helsinki Statement ’s objectives to strengthen cross-regulatory cooperation. A crucial goal of the guidelines is the development of a coherent and compatible interpretation of the DMA and the GDPR while respecting the regulatory competences. It was emphasised that these guidelines help break silos, strengthen consistency, and provide further clarity and legal certainty. All of this contributes to easier compliance, which is valued by stakeholders and increases trust. At the same time, certain speakers suggested improvements to the final version of the guidelines, bearing in mind the DMA should not be given primacy over the GDPR and that the measures companies have to comply with should be proportionate.  Other examples of cooperation in this domain were also mentioned, such as the participation in the High Level Group for the Digital Markets Act and specific instances of cooperation on concrete cases.  The last panel of the day explored how the Digital Services Act (DSA) and the GDPR interact. Panellists provided the example of the protection of minors: age   verification should be effective yet fully in line with data protection legislation.  They highlighted the growing need for strong coordination between the two frameworks, including the role of the European Board for Digital Services and other ways for the Commission and the EDPB to work together. A speaker also underlined the challenges and ongoing work on cross-regulatory cooperation from the perspective of a national authority. Another speaker urged regulators to work on building a fully coherent interpretation of the two frameworks and more globally of the digital legislation. Panellists also stressed that emerging technologies such as artificial intelligence are reshaping online ecosystems and, as a result, the role of the DSA and the GDPR.  The panel concluded with a clear message: online safety under the DSA and the lawful processing of personal data are two sides of the same coin, both calling for the DSA and the GDPR to be read coherently.  Highlights from the keynote speeches The event also","url":"https://www.edpb.europa.eu/news/news/2026/edpb-conference-cross-regulatory-cooperation-what-we-learned_en","source":"EDPB News"},{"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2026/cef-2026-edpb-launches-coordinated-enforcement-action-transparency-and-information_en","description":"Brussels, 19 March - The EDPB has launched its Coordinated Enforcement Framework (CEF) action for 2026*. Following a year-long coordinated action on the right to erasure in 2025 , the CEF's focus this year will shift to compliance with the obligations of transparency and information under the GDPR . The GDPR ensures that individuals are informed when their data is being processed (under Art. 12, 13 and 14). This right to be informed is a core element of transparency and ensures that individuals have more control over their data. Next steps During 2026, 25 Data Protection Authorities (DPAs) across Europe will take part in this initiative. They will look closely to assess the compliance of controllers with their transparency obligations under the GDPR. Participating DPAs will soon contact controllers from different sectors across Europe, either through enforcement actions or fact-finding exercises. In the latter case, they might also decide to undertake additional follow-up actions if needed. During the second half of the year, participating DPAs will share and discuss their findings together, with a view to aggregate the results of their national actions and generate deeper insight into the topic. A consolidated report will then be drafted and submitted for adoption by the EDPB, allowing for targeted follow-ups on both national and EU levels. Background The CEF is a key action of the EDPB under its 2024-2027 Strategy , aimed at streamlining enforcement and cooperation among DPAs. In 2023, the EDPB published the report on its first coordinated action on the use of cloud-based services by the public sector . In 2024, the EDPB also published the report on the outcome of the second coordinated action on the designation and position of Data Protection Officers . In 2025, the EDPB issued the report on its third coordination action on the implementation of the right of access . In 2026, the EDPB has adopted a report on its Coordinated Enforcement Framework (CEF) action on the right to be forgotten (Art.17 GDPR) .   Note to editors: *The Board selected this topic during its October 2025 plenary","titre":"CEF 2026: EDPB launches coordinated enforcement action on transparency and information obligations under the GDPR","id":2769535,"pubDate":"Thu, 19 Mar 2026 14:12:59 +0100"},{"url":"https://www.edpb.europa.eu/news/news/2025/dma-and-gdpr-edpb-and-european-commission-endorse-joint-guidelines-clarify-common_en","source":"EDPB News","description":"Brussels, 09 October - The European Data Protection Board (EDPB) and the European Commission endorsed joint guidelines on the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR) . These are the first joint guidelines by the Board and the European Commission. In line with its 2024-2027 Strategy and the recent Helsinki Statement’s objectives to make GDPR compliance easier and strengthen consistency, the EDPB has cooperated with the European Commission, each within their respective mandates, to facilitate the coherent application of the DMA*and GDPR and to increase legal certainty for gatekeepers, business users, beneficiaries and individuals. EDPB Chair Anu Talus said:   “These joint guidelines are the result of a fruitful cooperation between the EDPB and the European Commission. This is the first time that the EDPB and the European Commission prepare guidelines jointly. This approach maximises usefulness of the guidance by simplifying compliance for businesses and bringing enhanced legal certainty to them.  The guidelines will help gatekeepers, business users and individuals to better understand their obligations and rights under the DMA, and ensure a consistent, effective and complementary application of the DMA and EU data protection law.” How the DMA and the GDPR interact The DMA and the GDPR both protect individuals in the digital landscape , but their goals are complementary as they address interconnected challenges: individual rights and privacy in case of the GDPR and fairness and contestability of digital markets under the DMA.    Several activities regulated by the DMA entail the processing of personal data by gatekeepers and, in several provisions, the DMA explicitly refers to definitions and concepts included in the GDPR. The joint guidelines clarify how gatekeepers can implement these DMA provisions in accordance with EU data protection law . For example, the EDPB and the Commission specify which elements gatekeepers should consider in order to comply with the requirements of specific choice and valid consent under Art. 5(2) DMA and the GDPR, and thus to lawfully combine or cross-use personal data in core platform services. The EDPB and the Commission also address other provisions including those related to the distribution of third party apps and stores, data portability, data access requests and interoperability of messaging services.   Next steps The Board and the Commission have just launched a joint public consultation on the first version of the guidelines which will be open until 4 December 2025 .  This will be an opportunity for stakeholders to comment and provide feedback. All submissions will be published on the DMA website to which a link will be included on the EDPB website, after the consultation period has closed. The final text, incorporating input received during the consultation, will be prepared jointly by the Board and the Commission, and will be adopted by the EDPB and European Commission.   More guidelines on the way Following these first joint guidelines with the Commission, further work is underway to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working with the Commission, specifically with the AI Office, on joint guidelines on the interplay between the AI Act and EU data protection laws. Note to editors: The Digital Markets Act is one of the first regulatory tools that aims to tackle unfair practices of gatekeepers in digital markets. Gatekeepers are large digital platforms providing core platform services, such as online search engines, app stores, and messenger services. The main objective of the DMA is to make the markets in the digital sector fairer and more contestable. ","id":2425502,"pubDate":"Thu, 09 Oct 2025 15:53:21 +0200","titre":"DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints"},{"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-eu900-000_en","description":"Background information Date of final decision: 15 May 2025 National case Controller:  SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of €10 000 per day overdue after a period of 9 months Key words: administrative fine, consent,  unsolicited communication   Summary of the Decision Origin of the case   As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the chain, the primary collectors, who are responsible for collecting prospect data). SOLOCAL MARKETING SERVICES used this data to operate commercial prospecting by SMS or e-mail to individuals concerned, on behalf of its advertiser customer. It may also pass on some of this data to its customers, so that they can carry out their own commercial prospecting by telephone or post. Key Findings  Failure to comply with the obligation to obtain the consent of individuals to receive commercial prospecting by electronic means (Article L.34-5 of the French Post and Electronic Communications Code): The restricted committee considered that the misleading appearance of the forms used by data brokers made it impossible to obtain free and unambiguous consent, in compliance with the requirements of the GDPR, which would have formed the basis for the prospecting operations carried out by the company. Failure to demonstrate that the data subject has consented to processing of his or her personal data (Article 7 of the GDPR): The company failed to provide the French SA with proof of consent from individuals whose data has been transferred to it by one of its main suppliers. As a result, the French SA was unable to examine the collection forms used by this supplier and, therefore, the validity of the consent of the data subjects.   Decision  Based on the findings of the inspection, the restricted committee – the French SA body responsible for issuing sanctions – considered that the company had failed to comply with obligations under the French Post and Electronic Communications Code (CPCE) and the General Data Protection Regulation (GDPR) regarding the collection and proof of consent.  It imposed on SOLOCAL MARKETING SERVICES:  a €900 000 fine which was made public; and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of €10 000 per day overdue after a period of 9 months.  The amount of this fine takes into account the very large number of people concerned (several million), the company's historical position on the market, the financial benefit derived from the breaches, and the measures taken by the company to comply with some of its obligations since the checks were carried out. For further information:  •  Courtiers en données : sanction de 900 000 euros à l’encontre de la société SOLOCAL MARKETING SERVICES (French) •  Data brokers: SOLOCAL MARKETING SERVICES fined €900,000  (English)","titre":"The French SA fines SOLOCAL €900 000","pubDate":"Tue, 10 Jun 2025 09:51:20 +0200","id":2170441},{"description":"Background information Date of final decision: 15 May 2025 National case Controller:  SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of 10 000 € per day overdue after a period of 9 months Key words: administrative fine, consent,  unsolicited communication   Summary of the Decision Origin of the case   As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the chain, the primary collectors, who are responsible for collecting prospect data). SOLOCAL MARKETING SERVICES used this data to operate commercial prospecting by SMS or e-mail to individuals concerned, on behalf of its advertiser customer. It may also pass on some of this data to its customers, so that they can carry out their own commercial prospecting by telephone or post. Key Findings  Failure to comply with the obligation to obtain the consent of individuals to receive commercial prospecting by electronic means (Article L.34-5 of the French Post and Electronic Communications Code): The restricted committee considered that the misleading appearance of the forms used by data brokers made it impossible to obtain free and unambiguous consent, in compliance with the requirements of the GDPR, which would have formed the basis for the prospecting operations carried out by the company. Failure to demonstrate that the data subject has consented to processing of his or her personal data (Article 7 of the GDPR): The company failed to provide the French SA with proof of consent from individuals whose data has been transferred to it by one of its main suppliers. As a result, the French SA was unable to examine the collection forms used by this supplier and, therefore, the validity of the consent of the data subjects.   Decision  Based on the findings of the inspection, the restricted committee – the French SA body responsible for issuing sanctions – considered that the company had failed to comply with obligations under the French Post and Electronic Communications Code (CPCE) and the General Data Protection Regulation (GDPR) regarding the collection and proof of consent.  It imposed on SOLOCAL MARKETING SERVICES:  a 900 000 € fine which was made public; and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of 10 000 € per day overdue after a period of 9 months.  The amount of this fine takes into account the very large number of people concerned (several million), the company's historical position on the market, the financial benefit derived from the breaches, and the measures taken by the company to comply with some of its obligations since the checks were carried out. For further information:  •   Courtiers en données : sanction de 900 000 euros à l’encontre de la société SOLOCAL MARKETING SERVICES (French) •   Data brokers: SOLOCAL MARKETING SERVICES fined €900,000  (English)","id":2130472,"pubDate":"Wed, 21 May 2025 15:52:14 +0200","titre":"The French SA fines SOLOCAL 900 000 €","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-900-000-eu_en","source":"EDPB News"},{"id":1792119,"pubDate":"Wed, 18 Dec 2024 15:47:16 +0100","titre":"EDPB opinion on AI models: GDPR principles support responsible AI","description":"Brussels, 18 December - The European Data Protection Board (EDPB) has adopted an opinion* on the use of personal data for the development and deployment of AI models . This opinion looks at 1) when and how AI models can be considered anonymous, 2) whether and how legitimate interest can be used as a legal basis for developing or using AI models, and 3) what happens if an AI model is developed using personal data that was processed unlawfully. It also considers the use of first and third party data. The opinion was requested by the Irish Data Protection Authority (DPA) with a view to seeking Europe-wide regulatory harmonisation. To gather input for this opinion, which deals with fast-moving technologies that have an important impact on society, the EDPB organised a stakeholders’ event and had an exchange with the EU AI Office. EDPB Chair Talus said: “AI technologies may bring many opportunities and benefits to different industries and areas of life. We need to ensure these innovations are done ethically, safely, and in a way that benefits everyone. The EDPB wants to support responsible AI innovation by ensuring personal data are protected and in full respect of the General Data Protection Regulation (GDPR).” Regarding anonymity , the opinion says that whether an AI model is anonymous should be assessed  on a case by case basis by the DPAs. For a model to be anonymous, it should be very unlikely (1) to directly or indirectly identify individuals whose data was used to create the model, and (2) to extract such personal data from the model through queries. The opinion provides a non-prescriptive and non-exhaustive list of methods to demonstrate anonymity. With respect to legitimate interest , the opinion provides general considerations that DPAs should take into account when they assess if legitimate interest is an appropriate legal basis for processing personal data for the development and the deployment of AI models. A three-step test helps assess the use of legitimate interest as a legal basis. The EDPB gives the examples of a conversational agent to assist users, and the use of AI to improve cybersecurity. These services can be beneficial for individuals and can rely on legitimate interest as a legal basis, but only if the processing is shown to be strictly necessary and the balancing of rights is respected. The opinion also includes a number of criteria to help DPAs assess if individuals may reasonably expect certain uses of their personal data. These criteria include: whether or not the personal data was publicly available, the nature of the relationship between the individual and the controller, the nature of the service, the context in which the personal data was collected, the source from which the data was collected, the potential further uses of the model, and whether individuals are actually aware that their personal data is online. If the balancing test shows that the processing should not take place because of the negative impact on individuals, mitigating measures may limit this negative impact. The opinion includes a non-exhaustive list of examples of such mitigating measures, which can be technical in nature, or make it easier for individuals to exercise their rights or increase transparency. Finally, when an AI model was developed with unlawfully processed personal data, this could have an impact on the lawfulness of its deployment, unless the model has been duly anonymised. Considering the scope of the request from the Irish DPA, the vast diversity of AI models and their rapid evolution, the opinion aims to give guidance on various elements that can be used for conducting a case by case analysis. In addition, the EDPB is currently developing guidelines covering more specific questions, such as web scraping. Note to editors: *An Article 64(2) opinion addresses a matter of general application or produces effects in more than one Member","url":"https://www.edpb.europa.eu/news/news/2024/edpb-opinion-ai-models-gdpr-principles-support-responsible-ai_en","source":"EDPB News"}]