[{"titre":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements","url":"https://www.ftc.gov/business-guidance/blog/2012/06/speaking-spokeo-part-2-companys-allegedly-bogus-endorsements","pubDate":"Sat, 03 Oct 2026 14:06:13 +0200","source":"FTC USA Business Blog Posts","description":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements wfg-adm109 June 13, 2012 | 12:25PM Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements By Lesley Fair The lawsuit against data broker Spokeo is the FTC’s first Fair Credit Reporting Act case addressing the collection of online info — including data from social networking sites — when used in the context of employment screening.  But that’s not the only way the Spokeo settlement touches on social media.  The FTC also charged that Spokeo violated Section 5 by having employees post glowing recommendations of the company’s services on news and technology websites without disclosing their true identity. Perhaps just the work of a rogue cubicle occupant?  No, said the FTC.  According to the complaint , Spokeo directed its employees to write the comments.  Spokeo managers then edited what they wrote and had the staffers post the endorsements using account names provided by Spokeo.  The purpose, says the FTC, was to give readers the misleading impression that the laudatory words had been posted by independent consumers or business users of Spokeo. The FTC’s revisions to its Endorsement Guides made headlines a few years ago.  Ironically enough, the provision that seemed to attract the most attention is one that didn’t change.  It’s the law — and it’s always been the law under Section 5 — that consumers have a right to know when there’s a material connection between an advertiser and an endorser.  Here’s how the Guides put it:  \"When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement ( i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed.\" According to the FTC, by posting comments that conveyed the untruthful impression that they came from satisfied users of Spokeo’s services, Spokeo engaged in false and misleading practices.  To settle the endorsement count in the lawsuit, Spokeo has agreed that it won’t misrepresent, expressly or by implication, the status of any user of a product or service — for example, that someone is an independent, ordinary endorser if that’s not the case.  The company also will clearly and prominently disclose any material connection between an endorser and Spokeo (or any other entity advertising, selling, or promoting a product) when a connection exists.  What about the bogus endorsements already posted?  Spokeo has seven days to take all reasonable steps to pull them down. Looking for more about complying with the Endorsement Guides?  Read The FTC’s Revised Endorsement Guides: What People are Asking and watch this video: While you’re at it, share this post and those resources with your marketing staff, your ad agency, your PR firm, and anyone else who plays a role in your publicity and promotions. Next:  What the Spokeo settlement means for your business, your next ad campaign, and your job search","id":3195787},{"pubDate":"Thu, 01 Oct 2026 14:10:47 +0200","titre":"Is it amour – or scam-more?","url":"https://www.ftc.gov/business-guidance/blog/2021/02/it-amour-or-scam-more","source":"FTC USA Business Blog Posts","id":3191273,"description":"Is it amour – or scam-more? lfair February 11, 2021 | 12:17PM Is it amour – or scam-more? By Lesley Fair Online romance may begin with Panic! At The Disco’s High Hopes , but according to a new FTC Data Spotlight , all too often it ends with the conclusion that – to quote the J. Geils Band –  Love Stinks . Far be it from us to put a damper on Valentine’s Day, but reports to the Consumer Sentinel Network suggest that the injury inflicted by romance scams is on the rise. According to the new Data Spotlight , “For three years running, people have reported losing more money on romance scams than on any other fraud type identified in Sentinel. In 2020, reported losses to romance scams reached a record $304 million, up about 50% from 2019. For an individual, that meant a median dollar loss of $2,500.” Why the increase? The continued popularity of dating apps is part of the story, but the pandemic has played a part, too. For right now, the need for social distancing and masking makes the “meet cute” at the local coffee shop less likely. Of course, we’ve all heard heart-warming stories of romances that started on screen and blossomed IRL, but the Data Spotlight suggests that at least some of those digital dalliances may be hiding something more sinister. What does that have to do with you? We thought you’d never ask. Chances are that someone you know – a friend or family member perhaps – has a long-distance love they have yet to meet. A subtle word from you about the telltale signs of a romance scam could mean one less report to Consumer Sentinel in 2021 about a heart broken and a wallet emptied by a romance scammer. It can be a difficult topic to broach, but we have a sure-fire opener: “I just read the most fascinating thing on the website of the Federal Trade Commission, America’s consumer protection agency.” (What? That’s not your typical conversation starter? No Valentine for you!) Regardless of how you bring up the topic, Valentine’s Day offers a way to share some heart-to-heart hints. Romance scams can happen to anyone. According to the Data Spotlight, reports of money lost on romance scams increased for every age group in 2020. The 20-29 crowd saw the most notable spike, with the number of reports more than doubling since 2019. People between 40 and 69 were once again the most likely to report losing money to romance scams. And people 70+ reported the highest individual median losses at $9,475. Every picture tells a story, but some of those stories are fiction. Knowing that fetching photos can lure in a love, scammers routinely steal people’s snaps and pass themselves off as the person in the picture. To investigate their identity, try a reverse-image search of their profile picture or other photos they send you. If the picture is associated with another name or if the details don’t match up, you’re dealing with a scammer. Don’t mix romance with finance. We’ve always cautioned people not to wire money or send gift cards to online loves, but we have a new tip to add. Don’t let your guard down just because that special someone sends you money first. You can bet the money’s stolen. Next, they’ll want you to send it on for some cooked-up reason. This is how people become unwitting accomplices to money laundering. As soon as the requests for money start, it’s time to – depending on your musical generation – Go Your Own Way , bid them Bye Bye Bye , or make it clear that We Are Never Ever Getting Back Together . The FTC has more advice on how to spot a romance scam . "},{"pubDate":"Fri, 22 May 2026 14:08:22 +0200","url":"https://www.arcom.fr/en/find-out-more/legal-area/legal-resources/arcoms-notice-may-6-2026-accompanying-publication-model-agreements-provided-article-l333-10-french-sports-code","titre":"Arcom's notice of May 6, 2026 accompanying the publication of model agreements provided for in article L333-10 of the French Sports Code.","source":"Arcom Textes juridiques","id":2900811,"description":"The French regulatory authority for audiovisual and digital communication, Having regard to the French intellectual property code , in particular article L. 331-12 ; Having regard to the French Sports Code , in particular article L.333-10 ; After due deliberation, Adopts the following notice: The year 2025 marked a turning point in the fight against sports broadcasting piracy, with increased involvement of various types of intermediaries, under the impetus of sports rights holders, as part of the dynamic injunctions issued under article L. 333-10 of the French Sports Code . In addition to the legal actions involving Internet Service Providers (ISPs), which have been fully integrated into the scheme since 2022, and in order to strengthen the effectiveness of the blocking measures implemented, rights holders have extended their legal actions, from 2023, to search engine operators, who play a key role as central players in the diffusion of information on the internet and in directing users to sports-related contdnt. Search engine operators are now almost systematically involved in actions taken by rights holders to protect sports competitions. Between 2024 and 2025, the number of delisting measures ordered by the courts and the number of measures notified by Arcom in application of the orders issued has dubbed. In response to the misuse by some Internet users of domain name resolution services or virtual private networks (VPNs), rights holders then extended the scope of players taken to court to prevent access to services dedicated to the unlawful broadcasting of sports competitions. More than 5,000 blocking demands were notified to alternative DNS in 2025. As for virtual private network service providers, they were the subject of the first court verdicts, handed down on the basis of article L. 333-10 of the French Sports Code , in May 2025, and as such are receiving a growing number of blocking demands to update the measures ordered by the judge. Against this backdrop, strengthening cooperation between rights holders of sports-related content and the various intermediaries mentioned in the court orders would therefore appear to be desirable in order to give an even greater impact to the fight agains sports piracy. The parties are also invited to continue their exchanges with Arcom with a view to optimizing the provision of identification data and ensuring the simultaneous application of delisting and blocking measures by all technical intermediaries involved in preventing access to unlawful services. Article L. 331-12 of the French intellectual property code makes provision for the adoption of notices by the Authority for the protection and promotion of creation, with the aim of encouraging the signing of voluntary agreements likely to help remedy infringements of copyright and neighbor rights, or of the audiovisual exploitation rights mentioned in article L. 333-10 of the French Sports Code, on electronic communications networks used for the provision of online public communication services. In addition, under the terms of IV of article L. 333-10 of the French Sports Code, Arcom is responsible for adopting model agreements which the rights holders mentioned in I of the same article are invited to sign. The agreement concluded between the parties specifies, in particular, the measures that the parties undertake to take to put an end to any infringement of the exclusive audiovisual exploitation rights of the sports event or competition. The Autorité recommends that the rights holders mentioned in I of article L. 333-10 of the French Sports Code, on the one hand, and any intermediaries implementing measures ordered on the basis of II of article L. 333-10 of the same code, on the other (notably search engine operators, domain name resolution services and virtual private network providers), enter into discussions with a view to concluding agreements that would reflect their joint commitment to fight agains the unlawful diffusion of sports-related events and competitions as effectively as possible. To this end, Arcom is"},{"id":2850552,"description":"Brussels, 27 April – Today marks the 10th anniversary of the GDPR’s adoption, the first comprehensive data protection framework spanning an entire continent, establishing clear rights for individuals and obligations for organisations across Europe. The moment that led to the creation of the EDPB The GDPR led to the establishment of the European Data Protection Board (EDPB) on 25 May 2018, replacing the Article 29 Working Party that was previously in charge of dealing with issues relating to the protection of personal data. The GDPR gave the Data Protection Authorities (DPAs) stronger enforcement powers and expanded the scope of their work from focusing mainly on national compliance complaints to routinely dealing with cross-border cases. In the past 10 years, the 31 European DPAs comprising the EDPB have worked together to ensure the consistent enforcement of the GDPR and a harmonised data protection approach across Europe.   A key role in an evolving digital landscape Today, the GDPR is part of a broader and evolving European digital framework, alongside other digital laws such as the Digital Services Act, the Digital Markets Act, and the AI Act . In a world shaped by artificial intelligence, platform economies, and increasing data-driven innovation, the GDPR ensures that technological progress goes hand in hand with the protection of individuals’ fundamental rights . An inspiration for the rest of the world The impact of the GDPR has extended far beyond Europe’s borders, inspiring similar frameworks across the globe and contributing to a growing international recognition of privacy as a fundamental right .   How the GDPR has shaped the data protection landscape: insights from Data Protection Authorities Have you ever wondered what the data protection landscape looked like before the GDPR and how DPAs prepared for its entry into force? How has life for Europeans changed since its adoption? Watch the video for insights and testimonies from Data Protection Authorities which contributed to the shaping of the data protection landscape in Europe.   Sorry, your browser doesn't support embedded","source":"EDPB News","pubDate":"Mon, 27 Apr 2026 14:14:32 +0200","url":"https://www.edpb.europa.eu/news/news/2026/marking-10-years-gdpr-evolution-european-data-protection-landscape_en","titre":"Marking 10 years of the GDPR: the evolution of the European data protection landscape"},{"url":"https://www.edpb.europa.eu/news/news/2026/edpb-brings-clarity-data-processing-scientific-research-speeds-finalisation_en","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","pubDate":"Thu, 16 Apr 2026 14:15:11 +0200","source":"EDPB News","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","id":2829942},{"pubDate":"Thu, 09 Apr 2026 14:14:02 +0200","url":"https://www.edpb.europa.eu/news/news/2026/edpb-annual-report-2025-supporting-stakeholders-through-guidance-and-dialogue_en","titre":"EDPB annual report 2025: supporting stakeholders through guidance and dialogue","source":"EDPB News","id":2816021,"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"},{"pubDate":"Thu, 19 Mar 2026 14:12:59 +0100","titre":"CEF 2026: EDPB launches coordinated enforcement action on transparency and information obligations under the GDPR","url":"https://www.edpb.europa.eu/news/news/2026/cef-2026-edpb-launches-coordinated-enforcement-action-transparency-and-information_en","source":"EDPB News","id":2769535,"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"},{"source":"EDPB News","id":2703238,"description":"Brussels, 18 February - The European Data Protection Board (EDPB) has adopted a  report on its Coordinated Enforcement Framework (CEF) action on the right to be forgotten (Art.17 GDPR) .  The  Board selected this topic  as it is one of the most frequently exercised GDPR rights and one about which DPAs frequently receive complaints from individuals. The main objectives of this coordinated action are to ensure that the right to erasure is effectively exercised by individuals in Europe and understand how controllers comply with this right in practice. In addition, the EDPB identified good practices and the most important related challenges, with the aim of providing further guidance on this topic.  Throughout 2025, 32 DPAs across Europe took part in this initiative. More specifically, 9 DPAs have initiated new formal investigations or have continued ongoing ones, and 23 DPAs carried out a fact-finding exercise. A total of 764 controllers across Europe responded to the action, ranging from small and medium-sized enterprises (SMEs) to big companies active in many different industries and fields, as well as various types of public entities. The results of these national actions have been aggregated and analysed together allowing for targeted follow-up on both national and EU level.   Areas of improvement and main challenges The report lists the issues that were identified, along with a series of recommendations addressed to controllers, to help them implement the right to erasure. Seven recurring main challenges were identified by DPAs. The results confirmed some of the findings of the 2024 coordinated action on the right of access , for example when it comes to the lack of appropriate internal procedures to handle requests, or the lack of sufficient information provided to individuals. In addition, participating DPAs reported specific findings related to the reliance by some controllers on inefficient anonymisation techniques to handle erasure requests as an alternative to deletion. DPAs also noted inconsistent practices, and the difficulties faced by controllers regarding the determination of retention periods and the deletion of personal data in the context of back-ups. In addition, as the right to erasure is not an absolute right, some controllers face difficulties in assessing and applying the conditions for the exercise of this right, including in carrying out the different balancing tests between the right to erasure and other rights and freedoms.   Follow-up to help organisations comply  Extensive guidance, documents and templates exist at national level to help controllers comply with the right of erasure and help individuals exercise this right. In line with the Helsinki Statement’s objectives of making GDPR compliance easier and ensuring consistent interpretation and enforcement across Europe, the extensive guidance and templates already available at national level will be leveraged at EDPB level where appropriate.   Background and next steps 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 . The CEF 2026 action will be on the  obligations of transparency and information under the GDPR .   For further information: DA DPA:   EDPB vedtager rapport om dataansvarliges overholdelse af retten til sletning EL DPA: Ολοκλήρωση της συντονισμένης δράσης του","pubDate":"Wed, 18 Feb 2026 15:27:14 +0100","titre":"EDPB identifies challenges hindering the full implementation of the right to erasure","url":"https://www.edpb.europa.eu/news/news/2026/edpb-identifies-challenges-hindering-full-implementation-right-erasure_en"},{"url":"https://www.edpb.europa.eu/news/news/2025/dma-and-gdpr-edpb-and-european-commission-endorse-joint-guidelines-clarify-common_en","titre":"DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints","pubDate":"Thu, 09 Oct 2025 15:53:21 +0200","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},{"id":2368407,"description":"Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by intermediary service providers and include references to GDPR concepts and definitions. While it is up to the competent authorities under the DSA - with the support of the European Board for Digital Services and EU courts - to interpret the DSA, there are a number of provisions which relate to the GDPR. These include: notice-and-action systems that help individuals or entities report illegal content recommender systems used by online platforms to automatically present specific content to the users of the platform with a certain relative order or prominence the provisions to ensure a high level of privacy, safety, and security of minors and prohibiting that profile-based advertising using their data is presented to them transparency of advertising by online platforms prohibition of profiling-based advertising using special categories of data  The EDPB guidelines help to understand how the GDPR should be applied in the context of DSA obligations. The EDPB also provides practical guidance relating to the cross-regulatory cooperation between authorities to coordinate enforcement which will provide more legal certainty for intermediary service providers and ultimately to protect the rights and freedoms of individuals. The guidelines will be subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback. EDPB Chair Anu Talus said: “By clarifying the interplay between the DSA and the GDPR, these guidelines mark a significant step towards ensuring a coherent and effective EU digital rulebook, and they will help uphold the fundamental rights and freedoms of individuals. I hope that stakeholders, including the competent authorities under the DSA, will make the most of the opportunity to contribute to the public consultation\". More work in the pipeline Following these first guidelines on the interplay between the GDPR and the DSA, further work is underway with other regulators 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 on joint guidelines with the European Commission on the interplay between the Digital Markets Act (DMA) and the GDPR, as well as on joint guidelines on the interplay between the AI Act and EU data protection laws.","source":"EDPB News","pubDate":"Fri, 12 Sep 2025 15:51:31 +0200","titre":"Interplay between the DSA and the GDPR: EDPB adopts guidelines","url":"https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en"},{"pubDate":"Tue, 06 May 2025 15:51:59 +0200","url":"https://www.edpb.europa.eu/news/news/2025/european-patent-organisation-and-extension-adequacy-decisions-uk-edpb-adopts_en","titre":"European Patent Organisation and extension of adequacy decisions for the UK: EDPB adopts opinions","source":"EDPB News","id":2099053,"description":"Brussels, 06 May - During its latest plenary, the European Data Protection Board (EDPB) adopted an opinion on the European Commission’s draft adequacy decision under the GDPR concerning the European Patent Organisation (EPO) . In addition, the Board adopted an opinion on the European Commission’s proposal to extend the validity of the UK adequacy decisions under the GDPR and the Law Enforcement Directive (LED) . Finally, the EDPB agreed to grant the status of observer to the Personal Data Protection Agency of Bosnia and Herzegovina.   Adequate protection of personal data by the EPO At the European Commission’s request, the Board adopted an opinion on the Commission’s draft adequacy decision regarding the European Patent Organisation (EPO). Once formally adopted by the Commission, this will be the first adequacy decision concerning an international organisation and not a country or a region. An adequacy decision is a key-mechanism in EU data protection legislation which allows the European Commission to determine whether a third country or an international organisation offers an adequate level of data protection. The effect of such a decision is that personal data can flow freely from Europe to that third country or international organisation. EDPB Chair, Anu Talus, said: “The EDPB welcomes the Commission’s initiative to work on the first adequacy decision concerning an international organisation. This decision shows how the legal framework of such organisations can be recognised as ensuring an adequate level of protection on the basis of Art.45 GDPR. The EDPB underlines the importance of ongoing dialogue between the Commission and international organisations, with a view to developing this category of adequacy decisions in addition to those relating to third countries.” In its opinion, the Board positively notes that the EPO data protection framework is largely aligned with the European Union data protection framework, including on data protection rights and principles. This shows that the GDPR and, in particular, its transfer provisions, can facilitate safe data flows from Europe to international organisations, while taking into account their status.   Six-month extension of the UK adequacy decisions The EDPB opinion, requested by the European Commission, addresses the proposed extension of the two UK adequacy decisions under the GDPR and the LED, which are set to expire on 27 June 2025. The opinion only concerns the proposed 6-month extension of these adequacy decisions and does not address the level of protection for personal data afforded in the UK, which will be examined by the EDPB following the Commission’s assessment, and if the renewal of the UK adequacy decisions is proposed. Since the UK‘s data protection reform is still pending in the UK parliament, the EDPB recognises the need for a technical and time-limited extension of the adequacy decisions until 27 December 2025.This will give the European Commission sufficient time to evaluate the updated UK legal framework once it has been adopted.   The EDPB stresses that this extension is exceptional and is due to the ongoing legislative developments in the UK. It should not, in principle, be further prolonged. The Board recalls the validity of its opinions 14/2021 and 15/2021 on the two UK adequacy decisions, adopted in April 2021, and invites the European Commission to take them into account in its future assessments.  The Board also recalls the Commission’s obligation to monitor all relevant developments in the UK during the extension period.   New observer to the EDPB’s activities Finally, EDPB members agreed to grant observer status to the EDPB’s activities to the Bosnia and Herzegovina Data Protection Authority, in line with Art. 8 EDPB Rules of Procedure ."},{"pubDate":"Mon, 20 Jan 2025 15:49:16 +0100","url":"https://www.edpb.europa.eu/news/news/2025/cef-2024-edpb-identifies-challenges-full-implementation-right-access_en","titre":"CEF 2024: EDPB identifies challenges to the full implementation of the right of access","id":1857297,"description":"Brussels, 20 January - The European Data Protection Board (EDPB) has adopted a report on the implementation of the right of access by controllers . The report summarises the outcome of a series of coordinated national actions carried out in 2024 under the Coordinated Enforcement Framework (CEF). It lists the issues that were observed for some controllers, along with a series of recommendations to help them implement the right of access. A central element is controllers’ awareness of the EDPB Guidelines 01/2022 on data subjects rights – Right of access and whether these guidelines were followed in practice. EDPB Deputy Chair Zdravko Vukíc said: “The CEF is a valuable initiative that helps strengthen the cooperation among Data Protection Authorities (DPAs): by tackling selected topics in a coordinated fashion, they achieve greater efficiency and more consistency. How controllers implement the right of access lies at the heart of data protection and it is one of the most frequently exercised data subject rights.” Throughout 2024, 30 DPAs across Europe launched coordinated investigations into the compliance of controllers with the right of access, by opening formal investigations, assessing whether a formal investigation was warranted and/or carrying out fact-finding exercises.  A total of 1,185 controllers, consisting of small and medium-sized enterprises (SMEs) and big companies active in different industries and fields, as well as various types of public entities, responded to the action. Areas of improvement and main challenges The results suggest that more awareness raising about Guidelines 01/2022 is necessary , both at national and EU level, as the guidelines help controllers implement the right of access, explain how exercising this right can be made easier, and list the exceptions and limitations of the right to access. As a result of the 2024 CEF action, seven challenges were identified. One of them is the lack of documented internal procedures to handle access requests. In addition, inconsistent and excessive interpretations of the limits to the right of access were also observed, such as overly relying on certain exceptions to automatically refuse access requests. Another example is the barriers that individuals could encounter when exercising their right of access, such as  formal requirements or being requested to provide excessive identification documents. For each challenge identified, the report provides a list of non-binding recommendations to be taken into account by controllers and DPAs. Positive findings Despite the existing challenges, two thirds of participating DPAs evaluated the level of compliance of responding controllers with respect to the right of access from ‘average’ to ‘high’. One important factor identified as having an impact on the level of compliance was the volume of access requests received by controllers, as well as the size of the organisation. More specifically, large-sized controllers or controllers receiving more requests were more likely to reach a higher level of compliance than small organisations with less resources. Positive findings were observed across Europe. These include the implementation of best practices by controllers, such as user-friendly online forms enabling individuals to submit an access request easily as well as self-service systems to allow individuals to autonomously download their personal data in a few clicks and at any time. Background and next steps The CEF is a key action of the EDPB under its 2024-2027 Strategy, aimed at streamlining enforcement and cooperation among DPAs.  In the past three years, two previous CEF actions were carried out. The results of these national actions are aggregated and analysed together to generate deeper insight into the topic and allowing for targeted follow-up on both national and EU level. 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","source":"EDPB News"},{"pubDate":"Fri, 20 Dec 2024 10:07:51 +0100","titre":"PRIVACY LEGAL RELATIONSHIPS","url":"https://sorbonnestudentlawreview.org/journal/article/view/226","source":"Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne","id":1796679,"description":"This work is aimed at initiating of discussion and developing a general theory of privacy law. The author suggests beginning with classification of legal relationships arising in privacy sphere, as a first step toward identifying the flaws in privacy rulemaking and law application. The relational theory of law, underlying this work, explains why each privacy legal relationship will take its own direction and will form an object in a unique way. The method used in this work is classification of legal relationships using the bases adopted from theory of civil law. The work identifies at least nine types of privacy legal relationships, interpret them, shows them as a correlated system, highlights the patterns of their existence and draws parallels between some institutions of civil law and privacy law. Also, the concept of legal relationships discovers many mysteries of theory privacy law and teaches us what is the object of subjective privacy right, what subjective obligations actually has a data controller and where they are formalized, why privacy notice is vital for lawful processing, what is the legal nature of consent and privacy notice, why consent collected “just in case” ruins the stability of legal relationships and also much"},{"pubDate":"Wed, 18 Dec 2024 15:47:16 +0100","titre":"EDPB opinion on AI models: GDPR principles support responsible AI","url":"https://www.edpb.europa.eu/news/news/2024/edpb-opinion-ai-models-gdpr-principles-support-responsible-ai_en","id":1792119,"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","source":"EDPB News"}]