[{"url":"https://hdl.handle.net/1866/46873","source":"Faculté de droit Travaux récents","id":3260041,"pubDate":"Tue, 03 Nov 2026 08:25:09 +0100","titre":"Le français dans la fonction publique fédérale","description":"dc.contributor.author: Larochelle, Vincent dc.date.issued: 2026-10 dc.description.abstract: Ce mémoire analyse la politique linguistique canadienne à travers l’un de ses aspects fondamentaux, celui des langues officielles dans la fonction publique fédérale canadienne. En partant d’une mise en contexte historique couvrant la période allant de la Conquête anglaise à la Révolution tranquille, il rappelle d’abord le contexte social dans lequel évoluaient les Canadiens français et les Canadiens anglais, et auquel la politique linguistique canadienne était censée répondre. Pour évaluer l’efficacité de la politique linguistique canadienne, ce mémoire procède à une analyse inédite de la composition linguistique de la fonction publique canadienne au fil du temps. Cette analyse de données s’étalant sur plus de 50 ans révèle un double constat : si les fonctionnaires francophones sont désormais représentés à la hauteur du poids démographique qu’ils occupent dans la société canadienne, les postes français ont subi un effondrement de près de 70% entre 1973 et 2024, passant de 12,5% à seulement 3,2% de l’ensemble des postes, tandis que les postes anglais demeurent quasi-stables, ne perdant sur la même période que 3,1% de leurs effectifs. Dans une fonction publique censée être bilingue selon la Loi, il y a aujourd’hui 15 fois plus de postes anglais que de postes français. Il y a par ailleurs six fois moins de postes français dans la fonction publique fédérale canadienne que le poids réel des francophones au sein de la société canadienne. En outre, pour chaque poste anglais disponible pour un fonctionnaire anglophone, le fonctionnaire francophone a accès à 6 fois moins de postes français. Il en résulte que, comme jadis, l’anglais demeure la langue de travail nettement dominante de la fonction publique fédérale, tandis que le français continue d’être marginalisé, en contradiction avec certains des objectifs de la Loi sur les langues officielles.; This master’s thesis analyzes the Canadian language policy through one of its fundamental aspects, official languages within the Canadian federal public service. Starting with a historical overview spanning the period going from the English Conquest to the Quiet Revolution, it first recalls the social context in which French Canadians and English Canadians evolved, and to which the Canadian language policy was supposed to respond. In order to evaluate the effectiveness of the Canadian language policy, this thesis carries out an original analysis of the linguistic composition of the federal public service over time. This over 50-year data analysis reveals a dual finding: while francophone public servants are now represented in proportion to their demographic weight in Canadian society, french positions have collapsed by nearly 70% between 1973 and 2024, falling from 12.5% to only 3.2% of all positions, whereas English positions have remained nearly stable, losing only 3.1% of their share over the same period. In a public service that is supposed to be bilingual under the Act, there are today 15 times more English positions than French positions. Moreover, there are six times fewer French positions in the Canadian public service than the actual demographic weight of Francophones in the Canadian society. Furthermore, for every Anglophone public servant who obtains a position in their language, a Francophone public servant has 6 times fewer chances of obtaining a position in their language. As a result, as in the past, English remains the clearly dominant working language of the federal public service, while french continues to be marginalized, in contradiction with some of"},{"titre":"Brazil: Lula’s presidential win puts the brakes on the rise of the far right in Latin America","id":3244497,"pubDate":"Tue, 27 Oct 2026 13:57:26 +0100","description":"KEY TAKEAWAYS Social policies, such as support for small businesses, and a shorter working week without a loss of pay helped president Lula to turn around Brazil’s election. Street protests and social media strengthened Lula’s campaign amid allegations of election interference by Meta favouring Flávio Bolsonaro. Major challenges lie ahead as Lula faces a right-leaning Congress, opposition from the Bolsonaro movement and pressure from the Trump administration. Luiz Inácio Lula da Silva won Brazil’s presidential election with 51.79% of valid votes, unexpectedly reversing the first-round result won by Flávio Bolsonaro, a first in Brazilian presidential elections. Between the two rounds, he gained about 10.4 million additional votes. Defeated, right-wing challenger Flávio Bolsonaro announced that he would ask for the election to be annulled. The next day, his party, the Liberal Party (PL), acknowledged the result. Brazil’s nonalignment sounds a warning to the global far right Beyond halting the advance of Donald Trump’s and Secretary of State Marco Rubio’s influence in the region, Brazil’s election result points to strategies by which far right success in other countries can be contained. It is also a personal defeat for Trump, who invested energy and influence without openly declaring his support, but with the objective of returning the Bolsonaro family to power. Lula’s victory can be attributed to three equally important factors. The first is a package of social measures: an increase in Bolsa Família, the government’s flagship cash-transfer program; the announcement of measures benefiting individual microentrepreneurs (MEI), who account for nearly 70% of active businesses in Brazil; and, above all, the approval, during the second-round campaign, of the government’s bill reducing the working week from six to five days with no loss of pay . In a poll conducted four days before the vote, this legislation was the news item that mattered most in determining voters’ choice (17%). It was followed by reports of Supreme Federal Court (STF) justices’ involvement in the Banco Master corruption case (14%), politicians’ involvement in the same case (13%), and the Lula government’s lifting of the ban on online betting houses, known as “bets” (11%). Between the two rounds, Lula raised his government’s approval rating, particularly among higher-income voters (+6 p.p) and right-wing voters outside of bolsonarismo (+12 p.p), i.e. groups that make up Flávio’s voter base. Over the same period, fear of the Bolsonaro family’s return to power overtook fear of Lula’s reelection (44% to 42%) . Taking to the streets and digital power Such a turnaround was driven, in large part, by mass mobilisation of Lula’s supporters in the streets and on social media. Large rallies called by students and other mostly young people brought millions of people on the streets, breaking the chill seen in the preceding weeks . The largest rally in support of Lula took place in São Paulo on October 24. Demonstrators sang the Independence Anthem of Brazil, a clear reference to Brazil’s independence from Trump’s interventionist policy . Part of this interventionism was attributed to the actions of Meta, the parent company of Instagram, Facebook and WhatsApp. During the second-round campaign, allegations grew that the company had favoured Flávio Bolsonaro and other far-right candidates by manipulating its algorithms . While Meta denied any favouritism, blaming technical failures, internal messages revealed by Folha de S. Paulo revealed that Lula’s campaign had been unable to boost posts for nearly 24 hours in October. In reaction to the far right’s domination of the digital environment, one of the major landmarks of the second round was the creation of the “Lula’s Army”, a WhatsApp channel set up by a federal deputy that gathered more than 10 million","source":"The Conversation – Articles (FR)","url":"https://theconversation.com/brazil-lulas-presidential-win-puts-the-brakes-on-the-rise-of-the-far-right-in-latin-america-295219"},{"url":"https://www.callacbd.ca/CALL-Blog/12242053","source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","description":"By: Susannah Tredwell , Manager of Library Services at DLA Piper (Canada) LLP and James Bachmann , Instructional Librarian, Law Library, University of British Columbia Since 1988, when CALL/ACBD’s Copyright Committee was first set up, CALL/ACBD has advocated for its members' interests in the area of copyright. While the primary focus of CALL/ACBD’s copyright advocacy over the last few years has been on Crown copyright and primary law, CALL/ACBD has also made submissions about such areas as fair dealing and licencing. CALL/ACBD sees this work as not only supporting the needs of its members but also as serving the interests of access to justice as a whole. Continuing this work, on January 18, 2022 CALL/ACBD, along with Library Futures Institute, will act as an intervener in the Supreme Court of Canada case Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al.   Kim Nayyer, CALL/ACBD’s President, and Robert Janes of JFK Law   will be representing CALL/ACBD and Library Futures. This case addresses the question of how the concepts of “communication to the public by telecommunication” and “making available on demand” as used in the Copyright Act should be understood. The outcome of this case has the potential to significantly impact various library activities, including controlled digital lending and possibly even the simple use of hyperlinks, particularly in light of the limited scope of current library and education exceptions in the Copyright Act . CALL/ACBD's submitted that the court refrain from broadly construing the terms “making available” and “Communication to the Public by Telecommunication” and that s. 2.4(1.1) of the act (\"Communication to the public by telecommunication\")   does not need to be understood as creating a new right.   You can find CALL/ACBD’s intervener's factum at https://www.scc-csc.ca/WebDocuments-DocumentsWeb/39418/FM050_Intervener_Canadian-Association-Law-Libraries-et-al.pdf . The other factums in this case are available at https://www.scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=39418 .  CALL/ACBD has acted as an intervener at the Supreme Court of Canada on two other occasions. In Keatley Surveying Ltd. v. Teranet Inc. , which looked at Crown copyright, CALL/ACBD submitted   that “s. 12 Crown copyright does not extend to primary sources of law”. In York University v. Canadian Copyright Licensing Agency  (\"Access Copyright\"), CALL/ACBD submitted   that the SCC “should resist the temptation to modify or clarify the existing fair dealing test” stating that the existing test “is a flexible multifactorial test that allows libraries (and other institutions) to tailor access and appropriate copying policies that consider all relevant circumstances.” CALL/ACBD also made submissions to the 2018 review of the Copyright Act , R.S.C. 1985, c. C-42: one general submission   and <a","id":3241460,"pubDate":"Mon, 26 Oct 2026 07:55:47 +0100","titre":"Canadian Association of Law Libraries Intervention in Upcoming Supreme Court of Canada Copyright Case"},{"id":3218421,"pubDate":"Thu, 15 Oct 2026 08:26:22 +0200","titre":"The (Currently) Uneven Intelligence of AI in Comparative Constitutional Law","description":"This article belongs to the debate » Thinking Machines, Thinking Lawyers14 October 2026The (Currently) Uneven Intelligence of AI in Comparative Constitutional Law From Years of Research to a Single Prompt? Artificial intelligence (AI) has the potential to accelerate and improve the quality of research. This potential has inspired numerous projects exploring how AI could help scholarship on constitutional law. For example, there is research using AI to interpret constitutions,1) apply constitutional principles,2) and predict court rulings.3) Even the question of whether AI could improve the process of constitution-making has been studied.4) AI’s potential is particularly significant for comparative constitutional research. Systematically comparing legal systems requires locating sources from different jurisdictions, which are often difficult to access and only available in local languages. The creation of comparative legal datasets has thus involved considerable personnel, time, and financial resources. AI can overcome many of these obstacles. AI models can search for and translate foreign-language sources, filter them, and convert the filtered information into a dataset. In doing so, AI offers the prospect of datasets — which previously required years of research and the efforts of numerous experts and research assistants to compile — being just a prompt away. However, whether AI models can generate comparative law datasets that are qualitatively comparable to human-coded datasets has not yet been addressed (although Guha et al provide an example for a broader legal benchmarking exercise).5) We therefore conducted our own benchmarking study.6) We found evidence suggesting that recent AI models may be able to code simple factual data, but they are likely unreliable substitutes for expert human coders when conceptual or interpretive judgment is required. The Benchmarking Project: Seven Coding Tasks, Four Datasets, Two LLMs In our project, we tested the ability of two large language models (LLMs) to code different types of information relevant to comparative constitutional law. We specifically assessed whether LLMs can reproduce information from four existing comparative constitutional law datasets, all of which were compiled through human coding and which served as a ‘ground truth’ for our exercise. From these datasets, we asked the LLMs to code seven variables, which can be thought of as seven tasks relevant to the creation of comparative constitutional law datasets. Each of these tasks is either a test of fact-finding or reasoning abilities. First, from the Executive Term Limit Evasion Dataset,7) we drew information on whether presidents in 106 presidential systems have evaded constitutionally mandated term limits between 2000 and 2019. The dataset includes one variable on whether presidents attempt to overstay past the end of their term. The second variable captures what strategies executives use for doing so, such as amending the constitution, replacing it with a new one, or asking the court to interpret term limits out of the constitution. While determining whether a president overstayed is a fact-finding task, assessing the strategy used to do so requires reasoning. Second, from the Comparative Constitution Making Dataset,8) we drew information on the process by which constitutions were adopted in democracies between 1900 and 2015. This dataset also includes fact-finding variables such as (1) whether citizens were involved in the formulation, discussion, or submission of reform proposals, and (2) whether citizens participated in popular referendums at any stage in the process. The dataset’s most important variable (3) captures whether constitutions reflect ‘plural elite agreement,’ that is, whether all relevant elite factions in society were involved and represented during the process. The recreation of this variable requires reasoning. Third, from the Characteristics of National Constitutions Dataset9), we drew on its coding of 43 first-generation constitutional","url":"https://verfassungsblog.de/the-currently-uneven-intelligence-of-ai-in-comparative-constitutional-law/","source":"Scoop.it - Documentation juridique (Stéphan Cottin)"},{"description":"FTC consumer protection year in review offers 2020 vision for your business lfair January 8, 2020 | 9:26AM FTC consumer protection year in review offers 2020 vision for your business By Lesley Fair They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield. Consumer privacy. The FTC’s $5 billion enforcement action against Facebook made history and headlines, but the other notable part of the case is the monumental change the order mandates to Facebook’s privacy ecosystem. The Commission opinion in Cambridge Analytica reaffirms the proposition that like any other claim, a company’s privacy promises are viewed through the lens of established FTC consumer perception principles. A series of cases demonstrates the agency’s continued commitment to challenging false or misleading representations about businesses’ compliance with the EU-U.S. Privacy Shield Framework. Another important development is the FTC’s proposed settlement with Retina-X . It’s our first action against a marketer of stalking apps – software that allowed purchasers to monitor the mobile devices on which they’re installed, without users’ knowledge. COPPA. Congress passed the Children’s Online Privacy Protection Act to ensure that when it comes to the collection of kids’ personal information online, parents are in the driver’s seat. The FTC settlement with YouTube – brought in conjunction with the New York Attorney General – alleges that the company collected kids’ personal data without parental consent, in violation of the COPPA Rule . The $170 million civil penalty broke the record for the largest remedy in an FTC COPPA case, set months before in our $5.7 million settlement with Musical.ly , now known as TikTok. If you’re a YouTube channel owner, read a special Business Blog post for tips on determining if your content is directed to children. Data security. Is your company honoring its data security promises and taking reasonable steps to safeguard the sensitive information in its possession? The FTC, CFPB, and State AG actions against Equifax illustrate how consumers are injured when companies ignore reasonably foreseeable threats. The settlement, which totals between $575 million and $700 million – also reminds businesses that heeding warnings about known risks is more prudent (and cost-effective) than the alternative. Three threads tie together the FTC’s unrelated actions against LightYear Dealer Technologies and InfoTrax Systems . They both sell management software to specific industries. They both allegedly failed to take reasonable steps to secure their networks, resulting in damaging data breaches. And they’re both covered by similar new orders the FTC has introduced in recent data security cases. If you or your clients are players in the Internet of Things, the settlement of the FTC’s litigation against connected device company D-Link sends an unmistakable message: The future of the IoT marketplace depends on secure software development. Endorsements, certifications, and influencers. Why is the FTC concerned about the accuracy of endorsements and certifications? Because they’re material to consumers. The FTC says Truly Organics’ claim that its personal care products were “certified organic” lathered up a double bubble of deception. First, its merchandise contained ingredients that weren’t organic. Second, the company falsely claimed that its products were certified by USDA’s National Organic Program. Other FTC developments focused on the use of endorsements in social media. The FTC’s action against Devumi alleges the company sold fake followers, phony subscribers, and bogus","pubDate":"Thu, 08 Oct 2026 08:06:58 +0200","id":3203247,"titre":"FTC consumer protection year in review offers 2020 vision for your business","url":"https://www.ftc.gov/business-guidance/blog/2020/01/ftc-consumer-protection-year-review-offers-2020-vision-your-business","source":"FTC USA Business Blog Posts"},{"description":"A clothes look at the RN database: Q&A with FTC staff lfair October 5, 2017 | 11:18AM A clothes look at the RN database: Q&A with FTC staff By Lesley Fair It’s not much bigger than a postage stamp, but the label on many textile, wool, and fur products provides important information, including fiber content, country of origin, and a company name or Registered Identification Number (RN). The FTC administers the RN system and industry members will want to check out recent upgrades to the RN website . With RNs and labels on our mind, we asked some common RN-related questions to attorney Josh Millard, whom we’d label as one of the FTC’s go-to people on the subject. First things first. What’s an RN? JOSH:   A Registered Identification Number (RN) is a numerical designation – the prefix RN followed by a set of digits – that identifies the company responsible for marketing, distributing or otherwise handling a product covered by the Textile, Wool, and Fur Acts.  Because some labels are small and some company names are long, the law allows U.S.-based businesses to use an RN as a “shorthand” identification. We think the upgrades to the RN website will make it even easier for businesses to use. How do I get an RN for my company? JOSH:   Apply online. FTC staff will review your application and email you typically within 1-3 business days. As soon as your application has been approved, you’ll receive your RN.  How much does it cost to get an RN? JOSH:   There’s no charge. Is it mandatory that companies use an RN on labels? JOSH:   No, you don’t have to use an RN. It’s perfectly acceptable to include your company name instead, but many companies prefer to use an RN because it takes up less space. The RN system has other benefits, too. For example, it lets people identify your business easily through the RN Search screen . Consumers or other industry members can type in the number and readily find your business. Our company doesn’t reside in the United States.  Can we get an RN? JOSH:   Only U.S.-based businesses can get an RN. If your foreign company manufactures or is involved in the advertising, distribution, or sale of a product covered by the Textile, Wool, and Fur Acts, put the company name on the label instead of an RN. Alternatively, you can label the product with the RN or business name of a U.S. company directly involved with importing, distributing, or selling the product when that’s the case. Going through our records we found we have multiple RNs.  Is that a problem? JOSH:   It’s not prohibited, but we no longer issue multiple RNs to a single company and encourage companies to cancel any extra RNs to simplify recordkeeping. Our headquarters has moved since we applied for an RN.  Do we need to update our application? JOSH:   Yes. If there has been a change to your business name, address, or legal status, please update the information in your RN registration.  An RN can be cancelled if a business doesn’t keep its information up to date, so it’s wise to check. The good news is that the upgraded RN website makes that easier to do. What if we choose to use a company name on the label, rather than an RN? JOSH:   You must include the full name your company uses to do business – in other words, the name that appears on documents like purchase orders or invoices. It can’t be a trademark, trade name, brand, or designer name unless that’s also the name under which your company does business. What kind of guidance does the FTC have for industry members? JOSH:  Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts is a great place to start, and the FTC’s Clothing and Textiles page includes links to brochures, cases, workshops and other compliance resources.","id":3201873,"pubDate":"Wed, 07 Oct 2026 14:05:06 +0200","titre":"A clothes look at the RN database: Q&A with FTC staff","url":"https://www.ftc.gov/business-guidance/blog/2017/10/clothes-look-rn-database-qa-ftc-staff","source":"FTC USA Business Blog Posts"},{"description":"Full Disclosure wfg-adm109 September 7, 2010 | 11:56AM Full Disclosure By Lesley Fair The FTC’s first law enforcement action related to the revised Endorsement Guides offers compliance insights for marketers.  In a proposed settlement with Reverb Communications, Inc. , the FTC alleged that employees of a public relations agency hired by game developers posed as consumers and posted reviews on Apple’s iTunes store without disclosing that the reviews came from people working on behalf of the developers. According to the FTC, in addition to giving their clients’ game apps high ratings, Reverb employees posted comments like \"Amazing new game,\" \"ONE of the BEST,\" \"[Company] hits another home run with [product name],\" \"Really Cool Game\" \"GREAT, family-friendly board game app,\" \"One of the best apps just got better\" and \"[Company] does it again!\" They didn’t disclose that the company was hired to promote the games and that it often got a percentage of the sales. The FTC alleged that these facts would have been relevant to consumers who were evaluating the reviews and deciding whether to buy the apps. The FTC’s proposed settlement, which names both the company and its owner, requires the company to take down the deceptive endorsements, and bans similar misrepresentations in the future.  Looking for more information?  Read The FTC’s Revised Endorsement Guides: What People are Asking","titre":"Full Disclosure","id":3201057,"pubDate":"Wed, 07 Oct 2026 08:05:50 +0200","source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2010/09/full-disclosure"},{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2023/05/franchise-fundamentals-taking-deep-dive-franchise-disclosure-document","titre":"Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document","pubDate":"Tue, 06 Oct 2026 08:06:24 +0200","id":3199079,"description":"Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document lfair May 23, 2023 | 6:41PM Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document By Lesley Fair Love at first sight may (or may not) be a real thing, but when it comes to investing your money, it’s unwise to fall for a franchise without first subjecting it to tough-minded scrutiny. The third in the FTC’s Franchise Fundamentals blog series walks through an essential part of that evaluation: an in-depth review of the Financial Disclosure Document (FDD) required by the FTC’s Franchise Rule . You must receive the Franchise Disclosure Document at least 14 days before you’re asked to sign any contract or pay any money to the franchisor or one of its affiliates. In fact, you have the right to the FDD once the franchisor has received your application and agrees to consider it. So speak up if you don’t receive it and ask questions – lots of them – as you review the FDD and any attached documents.   Image Indeed, the franchisor’s conduct regarding the FDD may raise some red flags about how they do business. Providing the FDD doesn’t establish that a franchisor is reputable – it’s required by law, after all – but if a franchisor doesn’t promptly provide this mandatory document, gives you an incomplete FDD, evades your probing questions, or tries to rush you through the process, it doesn’t speak well of their approach to legal compliance.  Assuming you have the FDD in hand, let’s consider some of the 23 required items line by line. Here are things to look for as you review the FDD. Franchisor’s Background (FDD Item 1) Item 1 provides background information about the franchisor and any parent companies, predecessors, and affiliates, including how long the franchise has been in business. It also lets you know if there are any legal requirements unique to the franchised business, like the need to get a special license or permit. This can help you understand the costs and risks you would be taking on. Business Background (FDD Item 2) Remember the old adage “People are known by the company they keep”? Well, companies are known by the people they keep, which is why Item 2 identifies directors, principal officers, and other key executives. Pay attention to their business backgrounds, their experience in managing a franchise system, and how long they’ve been with the franchisor. Litigation History (FDD Item 3) Item 3 lists information about prior litigation, including whether the franchisor or any of its executive officers have been convicted of certain crimes or have been found liable – or settled lawsuits – related to the franchise relationship. Lawsuits against the franchisor could mean it hasn’t honored its agreements or that franchisees are dissatisfied with its performance. Item 3 also says whether the franchisor has sued any of its franchisees in the past year. That information could suggest problems in the franchise system. For example, if a franchisor sued franchisees for failing to pay royalties, was it because franchisees weren’t successful and couldn’t make their royalty payments? Bankruptcy (FDD Item 4) Have the franchisor, its affiliates, or any of its executives filed for bankruptcy? Item 4 discloses that information and could give you insights into the financial condition of the business.  Initial and Other Fees (FDD Items 5-7) Items 5-7 go over some of the costs involved in starting and operating a franchise. That could include things like deposits or franchise fees (some of which may be non-refundable); what you’ll have to pay for initial inventory, signs, equipment, leases, or rentals; and ongoing costs, like royalties and advertising fees. A Consumer’s Guide to Buying a Franchise suggests more than a dozen other areas of financial inquiry, which should give you an indication about the importance of both getting in touch with your inner bean"},{"description":"Planning a social media marketing campaign? Read this first. lfair November 13, 2018 | 12:24PM Planning a social media marketing campaign? Read this first. By Lesley Fair It started as one of those “run it up the flagpole” ideas to enlist big-name gymnasts to promote a brand of mosquito repellent just as news stories about the 2016 Brazil Olympics were sounding warnings about the Zika virus. Public relations firm Creaxion Corporation and specialty sports magazine publisher Inside Publications used a variety of digital strategies on behalf of the brand: athlete endorsements, social media posts, “advertorials,” and consumer reviews. But according to the FTC’s complaint , their efforts violated established FTC advertising principles. Which of those strategies are you using? And are you avoiding legal pitfalls by making appropriate disclosures? Creaxion – an Atlanta-based marketing and PR company – was approached by client HealthPro Brands to help launch its mosquito repellent. They agreed Creaxion would produce a “strategic media relations campaign” that would be “tied to the worldwide outbreak of the Zika Virus.” Creaxion then contacted Inside Publications, publisher of magazines like Inside Volleyball , Inside Cheerleading , and Inside Gymnastics , to broker a partnership with HealthPro. You’ll want to read the complaint for details about the “Social and Digital Media Activation and Athlete Engagement” agreement between HealthPro and Inside Publications, but here are some of the things HealthPro paid for: endorsements by leading gymnasts, magazine “articles” featuring the repellent, the product’s placement in “Good Luck” gift baskets from Inside Gymnastics to top U.S. gymnasts, and social media posts touting the product by Inside Publications and athlete endorsers. According to the complaint, Creaxion president Mark Pettit acted as an intermediary between Inside Publications and HealthPro. Ultimately, 2004 Olympic gold medal gymnast Carly Patterson Caldwell agreed to become a paid spokesperson. She received several thousand dollars for social media posts and an Inside Gymnastics advertorial. (She decided not to attend the Brazil Olympics because of her concerns about Zika.) Olympic gold medal gymnast Jake Dalton also signed on and was paid for promoting the repellent to his fans and followers. The two gymnasts posted endorsements of the repellent on social media without disclosing their paid promotional relationship. For example, Ms. Patterson Caldwell said on Facebook, “I was definitely bummed to have to make the decision to not go to Rio for the summer Olympics because of the threat of the Zika virus, but working on starting a family and being safe and protecting myself was way more important to my husband and me! I am so thankful to have found a safe and organic product (FIT Organic) that will ease my worries as mosquito season approaches.” Similarly, Mr. Dalton posted on Twitter, “Getting Rio Ready! Not worried about Zika. Fit Organic has my back and body covered. Love the Fit mosquito repellent.” Inside Publications also posted and reposted statements on social media about the repellent, primarily through its Inside Gymnastics account, including some featuring Patterson Caldwell and Dalton. According to the complaint, Inside Publications didn’t disclose the spokespersons’ paid promotional relationships with HealthPro or that its own posts were paid ads. Nor did it disclose that the “Caring for Carly,” “The latest on Zika” and “Move Over Mosquitos” articles were really paid ads. The FTC also says Creaxion conducted an online consumer review program that reimbursed Creaxion employees and “friends” for buying FIT repellent and reviewing the product online without disclosing their affiliation with the brand. The complaint charges that the gymnasts’ statements about the repellent were falsely represented as the","id":3199074,"pubDate":"Tue, 06 Oct 2026 08:06:23 +0200","titre":"Planning a social media marketing campaign? Read this first.","url":"https://www.ftc.gov/business-guidance/blog/2018/11/planning-social-media-marketing-campaign-read-first","source":"FTC USA Business Blog Posts"},{"titre":"Keep FCRA in the foreground when the subject is background screening","id":3198181,"pubDate":"Mon, 05 Oct 2026 14:07:46 +0200","description":"Keep FCRA in the foreground when the subject is background screening chundycz April 9, 2014 | 12:13AM Keep FCRA in the foreground when the subject is background screening By Lesley Fair When the talk turns to Big Data, part of the conversation is about all the public information available about people's lives – and how companies market it to prospective employers, landlords, etc.  Two cases just announced by the FTC  serve as a cautionary reminder to members of the industry that what they do may be subject to the long-standing consumer protections of the  Fair Credit Reporting Act (FCRA) .  InfoTrack, an Illinois company, and San Diego-based Instant Checkmate will be paying civil penalties to settle FTC lawsuits that they violated the FCRA.  Is it time for an FCRA refresher at your business? Instant Checkmate marketed its reports as a way for prospective employers and landlords to investigate applicants.  For example, the company advertised that one of the “GOOD REASONS to get instant criminal checks on anyone right now” was to “check out tenants before they rent.”  It also used a Google Ad Words campaign to make sure its site appeared when people searched for background checks on nannies, babysitters, maids, and housekeepers.  What kind of information would buyers get?  Current and previous addresses, birth certificates, arrest histories, and marriage and divorce records, to name just a few examples. InfoTrack offered similar services to employers nationwide, including background screening reports with people’s driving records, education and employment information, criminal histories, and even records from sex offender registries. How does the FCRA come in?  The law defines a “consumer report” as a “communication of any information” by a consumer reporting agency (CRA) that bears on a person’s “credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living” which is used (or expected to be used) as a factor in establishing their eligibility for credit, insurance, employment, or other reasons outlined in the law. According to the FTC, what Instant Checkmate and InfoTrack were doing triggered the FCRA.  For example, companies covered by the law must follow procedures to assure their reports are as accurate as possible, must take steps to see that those using their reports have permissible purposes for accessing them, and must provide required User Notices explaining key protections for consumers.  The law imposes special requirements when CRAs provide reports containing public record information that could have an adverse effect on a person’s ability to get a job.  In that case, the CRA must either: 1) notify the consumer that it’s reporting the information in the public record; or 2) maintain “strict procedures” – that’s the language in the law – designed to ensure the reported public information is complete and up to date. You’ll want to read the complaints for specifics of where the FTC says the companies fell short, but one example cited in the lawsuit against InfoTrack offers an object lesson on why FCRA protections are so important to consumers – and how the consequences can be devastating when companies don’t live up to the law.  According to the FTC, the reports InfoTrack provided to prospective employers included information about whether a job applicant was on the National Sex Offender Registry.  The employer would provide the first and last name and the date of birth to help InfoTrack with its search.  The problem was that before the fall of 2011, no date of birth was available for many names on the Registry.  If InfoTrack’s search found more than one person with the same first and last name, it reported a “possible match” to employers and gave them reports that included several different people with the","source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2014/04/keep-fcra-foreground-when-subject-background-screening"},{"url":"https://www.ftc.gov/business-guidance/blog/2018/07/ftc-florida-ag-small-business-scrutinize-o-fishy-al-invoices","source":"FTC USA Business Blog Posts","id":3198177,"pubDate":"Mon, 05 Oct 2026 14:07:45 +0200","titre":"FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices","description":"FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices lfair July 30, 2018 | 11:05AM FTC, Florida AG to small business: Scrutinize “o-fishy-al” invoices By Lesley Fair If it looks like a duck and quacks like a duck, it’s probably a duck. But the same can’t be said for a mailer that looks like an official invoice. It could be an “o- fishy -al” offer that deceptively mimics the appearance of a government document. A case filed by the FTC and the Florida Attorney General challenges the practice of sending mailers that allegedly create the false impression that small businesses are required to buy labor regulation posters from the sender. Consider what defendants Starwood Consulting, also doing business as Corporate Compliance Services, and company president Thomas Henry Fred, Jr., sent to small businesses. The mailers – which include a Washington, D.C., 202 area code – are titled “LABOR LAW COMPLIANCE REQUEST FORM” and include the warning “Failure to comply with posting regulations can lead to fines up to $17,000.” The mailers include a “Business ID” and instruct recipients to respond by a certain date. Small businesses can’t miss the purported consequences of ignoring the letter: Your business is required by federal law to post a current compliant labor law poster in the workplace. Federal law requires that this poster be placed on the property of the business. Whether you have 1 employee or 1,000 you must post current employment posters in the workplace. The poster must also include information about workers compensation benefits. Pursuant to federal law 29 USC Sec. 999(i) & 29 USC Sec. 2005 penalties and risks of non-compliance with posting regulations can lead to potential fines of $17,000 per instance, for failing to post federally required information. Further, lawsuits can be tolled based on failing to display mandatory posters. . . . To obtain your Federal employment labor law poster, please detach the above coupon and return it in the enclosed envelope with your document processing fee of $84.00. The mailer continues: “IMPORTANT! FOLLOW INSTRUCTIONS EXACTLY WHEN COMPLETING THIS FORM.” Those instructions include directions to detach the “payment coupon,” return it with the “document fee” of $84, and keep the bottom portion as the “official receipt.” The enclosed return envelope is addressed to “Corporate Compliance Services, Compliance Processing Center.” That’s a description of the mailer, but here are the facts, according to the FTC and the AG. First, the mailer isn’t from a government entity or affiliate. Starwood Consulting and its d/b/a Corporate Compliance Services are private companies in the business of selling those posters. In addition, despite the 202 area code, the defendants have no operations in Washington and posters similar to the ones the defendants peddle are available for free from the U.S. Department of Labor. What about those statutory provisions referring to “potential fines of $17,000 per instance”? In fact, neither of those citations has anything to do with labor posters. 29 U.S.C. § 999(i) refers to repealed provisions of the Young Adult Conservation Corps and 29 U.S.C. § 2005 addresses the Employee Polygraph Protection Act. According to the complaint , recipients of the mailer are often small businesses that have recently incorporated or established limited liability companies. What’s more, some businesses say they never received the posters they paid for. Others report they got second notices that they had to pay another $84 fee to get an updated poster. Despite a small “disclaimer” at the bottom of the reverse side of the mailer that “[t]his offer serves as a solicitation and not to be intended as a bill due,” the FTC and the AG say that business owners were misled and filed more than 250 complaints about the company. (According to the Better Business"},{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2020/02/ftc-challenges-online-trading-academys-money-making-claims","description":"FTC challenges Online Trading Academy’s money-making claims lfair February 12, 2020 | 4:35PM FTC challenges Online Trading Academy’s money-making claims By Lesley Fair Ads for health products often target Boomer Consumers, but those aren’t the only claims pitched to people looking toward retirement. An FTC action alleges a company called Online Trading Academy has taken in more than $370 million by gearing its deceptive representations to that demographic. In addition, the complaint alleges violations of the Consumer Review Fairness Act. According to the FTC, the California-based operation, related companies, and three individual defendants advertise a “patented strategy” that consumers can apply “to any asset class including stocks, options, futures and currencies” to rake in big money. They claim their “training programs” – with price tags as high as $50,000 – will teach consumers how to “invest like the pros on Wall Street.” ”No matter your experience and goals,” people were told the defendants’ “proven” strategy was “designed to make money in any market, whether it’s going up or down.” The complaint recounts the process the defendants use to attract consumers through TV and radio ads, online promotions, and direct mail. First comes an in-person “preview” seminar. Next, people pay $299 for a three-day “orientation.” That’s where the defendants urge attendees to sign up for seminars costing thousands more. The defendants assign each attendee an “Education Counselor” – a/k/a salesperson working on commission – who follows up by phone or email. According to the complaint, the defendants train their Education Counselors not to “look like, act like or sound like, a traditional salesperson,” but instead to take on a “role” and lead consumers through “The Pain Funnel,” Q&A designed to overcome consumer qualms. To get people to sign up for more seminars, the defendants routinely offer to finance all or part of the cost with loans at 18%, with the promise to forgive the interest if the consumer pays the total off within six months. The FTC says that in some instances, the defendants lead buyers to believe they’ll be able to repay the loan quickly with money they’ll make using that “patented strategy.” So how much does Online Trading Academy say consumers will earn? A central theme of their pitch is “You don’t have to work on Wall Street to make money like Wall Street.” Infomercials feature purchasers claiming that “in three hours I made $12,000” or “I made $32,000 in less than seven trading days.” In a YouTube video, a retiree says he made “$40,000 in a single trade.” In addition, a speaker at a live event claimed consumers “could potentially make $50,000 of annual income with an account size as low as $5,000” because Online Trading Academy has “a patent on the fact that you can time the markets,” which “gives us the ability to know when to get in and when to get out, long-term and short-term.” Other speakers – including some of the named defendants – paint a picture of lavish lifestyles filled with international travel, a “super luxury car” every year, and homes in areas where kids have “live-in nannies, cooks, gardeners.” One speaker said the money he made using Online Trading Academy’s strategy allows him to live in an enclave so exclusive that a neighbor, a renowned Olympic gold medalist, taught his daughter to swim. But the facts paint a different picture. The FTC alleges the defendants don’t systematically collect data sufficient to substantiate their earnings claims. But even the evidence they do have gave them good reason to know their representations are deceptive. For starters, according to the FTC, the defendants know that few consumers who","titre":"FTC challenges Online Trading Academy’s money-making claims","pubDate":"Mon, 05 Oct 2026 08:07:09 +0200","id":3197414},{"url":"https://www.ftc.gov/business-guidance/blog/2017/08/stick-security-require-secure-passwords-authentication","source":"FTC USA Business Blog Posts","description":"Stick with Security: Require secure passwords and authentication lfair August 11, 2017 | 10:47AM Stick with Security: Require secure passwords and authentication By Thomas B. Pahl, Acting Director, FTC Bureau of Consumer Protection To make it harder for hackers to bluff their way onto a computer network, careful companies follow the advice of Start with Security and require strong authentication practices . We’ve considered FTC settlements, closed investigations, and the questions we get from businesses about implementing good authentication “hygiene.” Here are some tips on using effective authentication procedures to help safeguard your network. Insist on long, complex, and unique passwords. A password’s very reason for being is to be easy for a user to remember, but hard for a fraudster to figure out. Obvious choices like ABCABC, 121212, or qwerty are the digital equivalent of a “hack me” sign. Furthermore, experts have determined that passphrases or longer passwords are generally harder to crack. The smarter strategy is for companies to think through their standards, implement minimum requirements, and educate users about how to create stronger passwords. Also, when you install software, applications, or hardware on your network, computers, or devices, change the default password immediately. And if you design products that require consumers to use a password, configure the initial set-up so they have to change the default password. Example: A staff member attempts to select payroll as the password for the database that includes employee payroll information. The company sets up its system to reject an obvious choice like that. Example: To access the corporate network, a business allows employees to type in their username and a shared password common to everyone who works there. Employees are also allowed to use that shared password to access other services on the system, some of which contain sensitive personal information. The more prudent policy would be to require strong, unique passwords for each employee and to insist that they use different passwords to access different applications. Example: At a staff meeting, a company’s IT manager offers tips for employees about good password hygiene. She explains that passphrases or longer passwords are better than short passwords based on standard dictionary words or well-known information (for example, a child’s name, a pet, a birthday, or a favorite sports team). By establishing a more secure corporate password standard and educating employees about implementing it, the IT manager is taking a step to help her company reduce the risk of unauthorized access. Store passwords securely. A company’s first line of defense against data thieves is a workforce trained to keep passwords secret. But even the strongest password is ineffective if an employee writes it on a sticky note on her desk or shares it with someone else. Train your staff not to disclose passwords in response to phone calls or emails, including ones that may appear to be coming from a colleague. Con artists have been known to impersonate corporate officials by spoofing phone numbers or email addresses. A compromised password poses a particular risk if it can be used to open the door to even more sensitive information – for example, a database of other user credentials maintained on the network in plain, readable text. Make it difficult for data thieves to turn a lucky password guess into a catastrophic breach of your company’s most sensitive data by implementing policies and procedures to store credentials securely. Example: A new employee gets a call from someone who claims to be the company’s system administrator. The caller asks him to verify his network password. Because the new staffer learned about impersonation scams at an in-house security orientation, he refuses to disclose his password and instead reports the incident to the appropriate person in the company. Example: A company keeps user credentials and other passwords in plain","pubDate":"Mon, 05 Oct 2026 08:07:08 +0200","id":3197409,"titre":"Stick with Security: Require secure passwords and authentication"},{"url":"https://www.ftc.gov/business-guidance/blog/2016/06/practice-fusion-case-suggests-6-health-privacy-pointers","source":"FTC USA Business Blog Posts","id":3194910,"pubDate":"Sat, 03 Oct 2026 08:09:37 +0200","titre":"Practice Fusion case suggests 6 health privacy pointers","description":"Practice Fusion case suggests 6 health privacy pointers lfair June 8, 2016 | 9:01AM Practice Fusion case suggests 6 health privacy pointers By Lesley Fair Combine two of the most talked-about consumer protection topics – health privacy and consumer-generated online content – and what do you get? A proposed FTC settlement with Practice Fusion, the largest cloud-based electronic health records company in the country, and six compliance tips for others in the industry. One of San Francisco-based Practice Fusion’s primary products is an electronic records system for outpatient providers. In 2009, the company launched “Patient Fusion,” an online portal where patients whose providers were already using Practice Fusion could view or download their health information or transmit it to another provider. Patient Fusion also let patients send and receive secure messages from their providers. Fast forward several years and the company decided to expand Patient Fusion to include a public directory where current and prospective enrollees could search for doctors geographically or by specialty, read patient reviews of providers, and request appointments. But Practice Fusion had to ask itself a question familiar to many online companies: How do we get the content – in this case, patient reviews? That’s the focus of the FTC’s lawsuit. According to the complaint , Practice Fusion solicited data in a misleading way that led some patients to believe they were sending follow-up messages directly to their doctors about their diagnosis, medical treatment, prescriptions, etc. – and not contributing content to a public website. Practice Fusion, however, populated its new site with the information those people provided, some of which was highly sensitive. Here’s what happened. After appointments with their doctors, patients received emails titled “How was your visit?” The message continued, “To help improve your service in the future, please let us know how your visit went” and included a link with rating stars. The message ended this way: Thank you, Dr. [Name] In a footer, the message said “This email was sent to you by Patient Fusion®, a tool Doctor [Name] uses to deliver the highest quality of care to patients.” Below that in smaller print it said “Sent on behalf of Doctor [Name]’s office by: Practice Fusion.” If patients clicked the link, they were taken to a page that asked for feedback about things like how long they had to wait for their appointment, the doctor’s bedside manner, and whether their medical concern was addressed. There also was a text box where patients were invited to “leave a review for your provider.” Below that was a pre-checked box with the phrase “Keep this review anonymous.” What did some people put in that box? Highly sensitive information directly addressed to their doctors, not evaluations meant to be shared publicly. Here are just a few examples: “Dr [name], My Xanax prescription that I received on Monday was for 1 tablet a day but usually it’s for 2 tablets a day. I have not taken it to the pharmacy yet. Can I pick up a new one, or can I get a prescription called into a pharmacy? Thanks, [patient’s full name] “I called today and left a message regarding my daughter and no one has returned my call. I think she is depressed and has stated several times this week that she wishes she was dead. Could someone please call me [phone number]?” “The cefuroxime axetil does not seem to be doing anything for me. I did a little research and I think I have a yeast infection called candida. Not sure what to do about it yet. I guess I will first try to change my diet. Medication? [patient’s full name] “I would like to make an appointment for my back pain and possible shingles. Can you please call me @ [phone number]? Thank you! [patient's full name]” “I HAVE NO INFECTION [healthcare provider name].  EVERYTHING WENT"},{"description":"The Federal Trade Commission secured a settlement agreement with Southern Glazer’s Wine and Spirits LLC, the nation’s largest distributor of wine and spirits, that will redress allegedly illegal price discrimination practices and make it easier for small businesses to compete against large chain retailers. The sweeping settlement covers nearly all Southern wine and spirits sales to the five largest chain retailers in 26 states. The settlement will also provide direct cash payments to harmed small businesses if an independent monitor finds that Southern violates the settlement order going forward. “This settlement marks a significant milestone for the FTC in its enforcement of the Robinson-Patman Act, which Congress enacted to empower small businesses to compete against large ones,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “Small businesses are an invaluable part of the American economy and way of life. The FTC is committed to ensuring that all businesses, no matter their size, can compete on a fair and level playing field to serve their customers and boost the entire American economy.” The FTC’s settlement with Southern delivers a successful conclusion to the Commission’s first enforcement action under the Robinson-Patman Act in a generation. Under the terms of a proposed stipulated order filed by the FTC , Southern will face limitations on its ability to charge small, independent retailers higher prices for wine and spirits than it charges competing large retail chains.  The FTC’s settlement resolves a  lawsuit brought by the Commission in 2024, which alleges that Southern violated the Robinson-Patman Act by depriving small, independent businesses access to discounts and rebates that were available to large competitors. As alleged in the complaint, these pricing practices interfere with the ability of independent retailers to compete against large national and regional chains and big box stores. Under the Robinson-Patman Act, it is generally unlawful for sellers to engage in price discrimination that harms competition by charging higher prices to disfavored retailers that purchase similar goods. According to the FTC’s complaint, Southern charged significantly higher prices for sales of identical bottles of wine and spirits during the same time period to independent retailers as compared to competing large chains, like Total Wine, Walmart and Kroger, even when the stores were located a few miles or even a few blocks from each other. Southern engaged in discriminatory pricing via a variety of mechanisms, such as by offering discounts and rebates to large buyers that were inaccessible to small competitors and were not justified by differences in the cost of distributing products to different retailers, the FTC’s complaint further alleged.  Settlement Terms  To resolve the FTC’s complaint, Southern has agreed to a series of conditions that will disincentivize the company from engaging in discriminatory pricing and compensate independent retailers if they are harmed. Specifically, the terms of the proposed stipulated order target “paired” transactions where Southern sells a product to a chain retailer at one price while contemporaneously selling that same product to a nearby independent retailer at a significantly higher price.  Southern will be in violation of the FTC’s proposed stipulated order, if, among other conditions, the paired transactions involve:  Significant price discrimination (exceeding a maximum threshold based on state-specific operating costs) Recurring price discrimination (in the aggregate, exceeding $5,000 over a 12-month period) Where a set of discriminatory paired transactions meets certain specifications, Southern can resolve the violation by paying the independent retailer 1.5 times the full aggregated price-differential amount. If Southern does not redress the price discrimination, the FTC can bring an enforcement action, and, if the Commission","titre":"FTC Secures Settlement that Protects Small Businesses from Illegal Price Discrimination","id":3194908,"pubDate":"Sat, 03 Oct 2026 08:09:36 +0200","source":"Federal Trade Commission Concurrence communiqués","url":"https://www.ftc.gov/news-events/news/press-releases/2026/10/ftc-secures-settlement-protects-small-businesses-illegal-price-discrimination"},{"titre":"Pink slip slip-up: First FTC cases challenging deceptive car title loans","pubDate":"Fri, 02 Oct 2026 08:12:17 +0200","id":3192605,"description":"Pink slip slip-up: First FTC cases challenging deceptive car title loans lfair January 30, 2015 | 9:12AM Pink slip slip-up: First FTC cases challenging deceptive car title loans By Lesley Fair She’s got a competition clutch with four on the floor And she purrs like a kitten ‘til the lake pipes roar. And if that ain’t enough to make you flip your lid, There's one more thing. I got the pink slip, Daddy. Back in the days of the Beach Boys’ “Little Deuce Coupe,” the only risk to a car title – the pink slip – was when hot rodders bet them on drag races.The FTC just announced its first two settlements with car title lenders that underscore additional risks to consumers’ pink slips and wallets. What should other companies consider if they want to avoid crossing the yellow line? The complaints challenge allegedly illegal practices by First American Title Lending of Georgia, which operates over 30 locations in that state, and Finance Select, which does business as Fast Cash Title Pawn at five Georgia locations and two in Alabama. What’s a car title loan? It’s typically a high-cost, short-term loan secured with a consumer’s free-and-clear car title. The lender holds on to the title as long as payments keep coming in. Of course, if consumers don’t pay, the lender takes the car. Car title loans tend to run between $1,000 and $10,000. They have high interest rates – the typical APR can be a whopping 300% – and short repayment periods, sometimes only 30 days. Each payment after that first month is called a “renewal.” Given that many consumers who take out car title loans are in financial distress, it’s not surprising that loans may extend over a much longer period. According to the FTC, the average is more like eight renewals. In addition to holding the consumer’s car title, the lender charges monthly fees, sometimes as much as 25% of the amount borrowed per month. That means that after eight renewals, a consumer taking out a $1,000 loan could wind up paying $2,000 in fees. The FTC says the companies’ ads lured consumers in with promises of “zero” interest, but then failed to clearly and conspicuously disclose hidden conditions attached to those eye-catching deals. For example, First American Title Lending touted “0% interest” in big headlines on websites, billboards, newspaper ads, yard signs, and elsewhere. What consumers weren’t clearly told was that they’d only get the 0% rate if they were new customers, if they paid by money order or certified funds, and if they paid in full within 30 days. If it took them longer to pay – the norm in the industry – consumers would have to pony up hefty finance charges calculated back to Day 1 of that \"0% interest\" loan, as well as the fees that started on Day 31. According to the complaint, Fast Cash Title Pawn similarly advertised “0% Title Loans,” sometimes adding “1st 30 days 0%,” without clearly and conspicuously disclosing the substantial strings that were attached – including that if the consumer didn’t pay in full within 30 days, they’d have to pay the finance charge for the first 30 days in addition to charges that kicked in on Day 31.  The lawsuits allege that the companies’ practices violate the FTC Act.  The FTC says First American Title Lending also violated the Truth in Lending Act and Reg Z. Under the proposed settlements, the companies will have to clearly disclose all the qualifying terms associated with getting a loan at the advertised rate and what the finance charge would be after an introductory period ends. The orders also prohibit misrepresentations about material terms of any loan agreement. The FTC’s message to members of the industry is that they’re not flying (driving?) under the radar. Truth-in-advertising standards apply to car title loans, too. What's more, companies will be held to well-established principles of","source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2015/01/pink-slip-slip-first-ftc-cases-challenging-deceptive-car-title-loans"},{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2020/05/fighting-coronavirus-scams-taking-stock","titre":"Fighting Coronavirus scams: Taking stock","pubDate":"Thu, 01 Oct 2026 08:11:56 +0200","id":3189429,"description":"Fighting Coronavirus scams: Taking stock chundycz May 8, 2020 | 9:01AM Fighting Coronavirus scams: Taking stock By Andrew Smith, Director, FTC Bureau of Consumer Protection Since the beginning of the COVID-19 crisis, the FTC has released dozens of warning letters against people trying to make an illegal buck off the Coronavirus. More than a month in, it seems like a good time to look back at what’s happened. If you follow this blog, you’ll know these have been busy weeks – with advice about spotting the many scams we’re all facing, news of the warning letters sent on a wide range of scams, and some enforcement actions filed. You might wonder: Why send letters? Why not just sue the !*$@&#? Fair question. But the letters are working. And, given the scope of the scams out there right now, we want to get the best and fastest results we can with the most efficient tool we have. Right now, for these Coronavirus-related issues, that’s warning letters. In general, here’s how it goes: We spot someone advertising something with no proof that it works – and, in many cases, telling outright lies about its wonders. We send a letter pointing out the illegal things they’re doing. They then have 48 hours to tell us what they’ve done to resolve the problems we’ve raised. In nearly all cases so far, those who get the letters have stopped making the false claims or selling the scammy thing – whether cures from a product or earnings from a work-at-home scheme. Within 48 hours: no more lying to people, no more stealing people’s money. During a crisis like this, we’ve prioritized stopping as many bad actors as we can, as quickly as we can. And when a warning letter will do that, we’ll take that win. Most of the letters sent so far relate to the first scams out of the box: the treatments and cures – many of which we heard about from you. These treatments and cures were, of course, not at all what they claimed to be. The sellers peddled everything from teas and essential oils to IV or ozone “therapies,” stem cell treatments, and high doses of Vitamin C. All of these products have had one thing in common: There was no evidence – none – that they work against the Coronavirus. The warning letters are working in other areas, too. We’ve sent 13 letters to VoIP service providers and other companies, telling them we see how they’re helping illegal telemarketers or robocallers make calls related to COVID-19, and telling them to cut it out. And, just two weeks ago, we sent 10 letters to multi-level marketing (MLM) companies for making exaggerated earnings claims for their business opportunity selling fake Coronavirus treatments or cures from home. These companies hit the daily double: false income claims for their work-at-home program and unsubstantiated health claims for their products. But sometimes you need more firepower to get the desired result. It took a lawsuit to stop a company that, allegedly, pretended to be affiliated with the Small Business Administration’s Paycheck Protection Program, fooling hundreds – if not thousands – of small businesses. And, last week, we filed suit against Whole Leaf Organics for allegedly claiming to treat not only the Coronavirus, but also cancer with CBD. Both cases are now pending. What we know about COVID-19 changes every week. And right now, the scammers are shifting their focus to the economic impact payments, among other things, to find new ways to get your money or information. But here are some things that remain true: Scammers are peddling cures and treatments with no proof they work. Remember: Right now, there is nothing that has been proven to prevent COVID-19. Anyone who tells you to pay them by gift card, money transfer, cash, or Bitcoin is a scammer. Period. And, if they say they’re from the government, they’re not. Never give your Social Security, bank account, or credit card number to anyone who contacts you. Again, not even if they say"},{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2020/03/ftc-takes-unproven-health-claims-own-dorsements","description":"FTC takes on unproven health claims and “own-dorsements” lfair March 19, 2020 | 4:38PM FTC takes on unproven health claims and “own-dorsements” By Lesley Fair It’s a disturbing trend. Companies are targeting older consumers, claiming to have easy answers for serious diseases for which there may not be a proven cure. That’s one allegation in the FTC’s action against Nevada-based telemarketer Health Center, Inc.   Another count challenges what we call “own-dorsements.” According to Health Center’s telemarketing scripts, websites, social media, and testimonials from supposedly satisfied customers, the company’s Rejuvi-Cell oral spray and Rejuvi-Sea and Rejuvi-Stem pills could treat a broad range of medical conditions: everything from cancer, Alzheimer’s disease, and Parkinson’s disease to hepatitis, heart attacks, and high cholesterol. In promoting the products, which sold in packages priced between $350 and $800, the company checked the buzzword boxes with science-y sounding terms like homeopathic , adult stem cell enhancement , and marine phytoplankton . The company claimed that diseases like diabetes, rheumatoid arthritis, and dementia “could be greatly reduced if not eliminated” through the use of its products. According to the complaint , Health Center’s telemarketers – who were instructed to follow the scripts word-for-word – told consumers the main ingredient of Rejuvi-Sea “alkalizes your body . . . so you can’t grow cancer cells.” Then there were heartfelt testimonials from purported customers who described themselves as “walking on air” and “amazed and redeemed,” thanks to the products. But the FTC says the company hasn’t conducted any studies demonstrating the products cure or treat any diseases or health conditions and there are no human clinical studies in the scientific literature to that effect. What’s more, the lawsuit alleges that some of those glowing endorsements that appeared to come from satisfied customers across the country were actually “own-dorsements” – testimonials from Health Center’s own employees. To settle the case , the defendants have agreed to injunctive provisions, including a requirement that a broad range of health claims must have the support of randomized, double-blind, and placebo-controlled human clinical testing. Almost all of the $8.6 million judgment will be suspended, based on their financial condition. Aside from the obvious points that the FTC continues to take a close look at cures targeting older consumers and that companies shouldn’t palm off endorsements from employees as independent opinions, the case illustrates two other important principles. First, the defendants’ unlawful practices were the subject of an earlier enforcement action by the Iowa Attorney General. Companies shouldn’t have to be told once of the need to substantiate their health claims – and they certainly shouldn’t have to be told twice. Second, the complaint includes a count for violating the Telemarketing Sales Rule , which prohibits misrepresentations about “any material aspect of the performance, efficacy, nature, or central characteristics of goods or services that are the subject of a sales offer.” That’s yet another reason to keep your telemarketing efforts above board .","titre":"FTC takes on unproven health claims and “own-dorsements”","pubDate":"Wed, 30 Sep 2026 14:10:25 +0200","id":3187485},{"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/09/fleetcor-agrees-pay-100-million-resolve-administrative-action-after-federal-court-finds-it-violated","titre":"FleetCor Agrees to Pay $100 Million to Resolve Administrative Action After Federal Court Finds that It Violated the FTC Act by Charging Unauthorized Fees","pubDate":"Fri, 18 Sep 2026 08:08:58 +0200","id":3160549,"description":"FleetCor and its CEO will pay $100 million to settle a Federal Trade Commission administrative action alleging that the company charged its customers, who overwhelmingly are small businesses, undisclosed fees in connection with their use of fuel cards that FleetCor falsely promised businesses would save them money. In a complaint first filed in federal court in 2019 , the FTC alleged that FleetCor Technologies Inc., now known as Corpay Inc., and its CEO Ronald Clarke imposed a broad array of unauthorized fees that its customers never knew about and did not agree to pay, totaling hundreds of millions of dollars and harming tens of thousands of customers.  In addition, FleetCor charged late fees to customers who had either paid on time or were prevented by FleetCor from paying on time. FleetCor also misrepresented the gas savings, fraud-control features, and fees associated with its fuel cards. “FleetCor deceived its small business customers by promising fuel savings that never materialized, while unfairly charging them hidden and unauthorized fees,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “In addition to the relief the FTC has obtained in federal court, this order will help return money to the customers the company took advantage of.” According to the complaint, FleetCor often waited to begin charging many fees until several billing cycles passed, making the fees less noticeable to consumers. The complaint also alleged that FleetCor’s invoices did not disclose that any fees were being charged, requiring customers to proactively view other account management reports. Even on those documents, many fees were obscured among other information or not listed at all. In 2023, a federal district court entered summary judgment for the FTC on all counts, finding that FleetCor had charged its customers hidden or otherwise unauthorized fees and misrepresented the gas savings and fees associated with FleetCor’s fuel cards. The court-imposed order permanently prohibits FleetCor from: billing a customer for any charge unless FleetCor has obtained the customer’s express informed consent and provided clear and unavoidable information about the charge; hiding material information about a charge behind a hyperlink; and making deceptive claims about its fuel cards. In 2026, a federal appeals court upheld the summary judgment against FleetCor on all counts and affirmed the permanent injunction against it.  The court affirmed the judgment against Clarke on all but one count and vacated the injunction as to Clarke.  As part of the settlement order with the FTC, FleetCor and Clarke will pay $100 million, which will be used to provide redress to the company’s business customers harmed by its practices. FleetCor and Clarke have also agreed not to oppose reimposition of a federal court injunction against Clarke.  The Commission vote to accept the consent agreement was 1-0-1. FTC Chairman Andrew N. Ferguson is recused. The FTC will publish a description of the consent agreement in the Federal Register soon. The agreement will be subject to public comment for 30 days after publication in the Federal Register after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments will appear in the published notice. Once processed, comments will be posted on Regulations.gov. NOTE: When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to"},{"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-states-sue-amazon-over-secret-ad-surcharge-scheme","titre":"FTC, States Sue Amazon Over Secret Ad Surcharge Scheme","pubDate":"Tue, 01 Sep 2026 08:10:10 +0200","id":3127461,"description":"Today, 22 states joined the Federal Trade Commission in filing suit against Amazon, alleging that the company engaged in deceptive and unfair practices that secretly inflated prices in its online search advertising auctions. The complaint   alleges that, for over seven years, Amazon has covertly and substantially increased the prices that more than one million brands and sellers were required to pay to advertise on its platform. As a result, the complaint alleges that Amazon’s scheme has likely extracted tens of billions of dollars from its unwitting advertising customers. “When one of the world’s largest online retailers engages in unfair and deceptive conduct, the impact can be staggering,” said Chairman Andrew N. Ferguson. “Amazon has millions of advertising customers who were misled into paying significantly higher prices. These higher costs were largely passed on to American consumers. The FTC under President Trump won’t allow this deception to continue.” The FTC, along with the attorneys general of Alaska, Arizona, California, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Nebraska, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Vermont and Washington, allege Amazon has imposed undisclosed surcharges on its advertising customers, which include over 500,000 small- and medium-sized businesses that participated in auctions for advertising placements on Amazon.com and its mobile app. In these auctions, prospective advertisers bid to place Sponsored Product ads, Sponsored Brands ads and Display Ads alongside the results that appear when a consumer searches for a product using a keyword on Amazon’s store. Placements are auctioned to the highest-ranked bidder for each keyword. As described in the complaint, Amazon has represented to prospective advertisers for years that Amazon runs “second price” auctions where the winner of the auction would only pay “one cent more than the next highest bidder” for each successful bid for an advertising keyword. However, in practice, the complaint alleges that Amazon has charged its Sponsored Products advertisers their own winning bid close to 80% of the time and has effectively converted its nominally “second price” auction into a first price auction. According to the complaint, Amazon’s “second price” auctions have been described by Amazon, and understood by advertisers, to be run as generalized second-price, or GSP auctions, which have been the accepted industry standard for digital advertising placements. The complaint states that Amazon has made these or similar representations on its website, in training videos and in other public-facing materials, as well as in presentations made to advertisers by its hundreds of sales personnel.  The type of auction matters to advertisers because it impacts how they bid. In a sealed first-price auction—the type of auction where winners pay the amount of their winning bid—bidders run the risk that they might overbid. So, in repetitive auctions for the same goods, they will often reduce their bid to determine what the minimum amount needed to win future auctions might be. This is called bid shading. In second-price auctions, bidders are more likely to bid higher, closer to their true value for the product, because they will only be liable to pay the least bid amount needed to win under the auction’s rules.  As alleged in the complaint, Amazon told advertisers it ran a GSP, but for years its auction pricing had “a surcharge hidden in it,” in the words of one internal Amazon document. The complaint alleges that, beginning in 2019, Amazon changed its auction rules without notice by adding an undisclosed surcharge that Amazon referred to internally as a “soft reserve price.” This resulted in advertisers paying substantially more than the price determined by the GSP auction.  According to the complaint, Amazon"},{"description":"<p>This paper reports on an experiment which connects document design with document theory. Document design is about what documents should do. We use the example of document graphs and of Cosma, a visualization program created during the HyperOtlet research programme, to show how theory can inform design decisions and help conceptualize results. This paper is currently under peer review.</p> <hr/> <section id=\"document-design-or-information-design\" class=\"level1\"> <h1>Document design or information design?</h1> <p><span class=\"citation\" data-cites=\"findeli2015\">Findeli (2015)</span> defines design as diagnostic and prescriptive, an example of “projective” epistemology: designers view the world as a project to realize, rather than an object to know. This definition of design implies that document design is less about what documents <em>are</em> and more about what they <em>should do</em>. This aligns with the evolution of document theory from an ontic view of documents to a functional one, which was pioneered by the European documentation movement in the first half of the twentieth century and reintroduced as “neo-documentation” in the literature during the 1990s.</p> <p>Currently in the literature, document design is mostly considered to be a part of information design.<a href=\"#fn1\" class=\"footnote-ref\" id=\"fnref1\" role=\"doc-noteref\"><sup>1</sup></a> The purpose of information design is to create effective communications <span class=\"citation\" data-cites=\"renkema2006 pettersson2002\">(Renkema 2006 ; see also Pettersson 2002)</span>. Document design is usually taught within communications programs ; in the US, in either English or fine arts departments <span class=\"citation\" data-cites=\"schriver1997\">(Schriver 1997, p. 92‑93)</span> ; in France, in Information and Communication Science departments.</p> <p>Research on information design has very few connections with documentation. It has been criticized for its lack of theory: <span class=\"citation\" data-cites=\"carliner2006\">Carliner (2006, p. 10–14)</span> warned about the field’s tendency to generalize findings despite shaky conceptual foundations and a limited understanding of topics such as the World Wide Web.<a href=\"#fn2\" class=\"footnote-ref\" id=\"fnref2\" role=\"doc-noteref\"><sup>2</sup></a> We believe document theory can help address some of these challenges and bring perspective to information design.</p> <p><span class=\"citation\" data-cites=\"zacklad2019a\">Zacklad (2019)</span> gives us an example of this. He draws from document theory to define information design as the interplay between textualization (creating content information), documentarization (shaping the medium) and auctorialization (creating author identities). Zacklad puts documentarization at the heart of information design (see fig. <a href=\"#fig:zacklad2019\">1</a>). Documentarization can be internal (the organization of fragments into documents) or external (the relational organization of documents, e.g. classification); it can involve different roles or positions (author, editor, printer/programmer, distributor, reader); it implies significant differences between designing the systems that involve documents (“system-oriented design”) and designing the documents themselves (“author design”).</p> <figure id=\"fig:zacklad2019\"> <img src=\"https://www.arthurperret.fr/img/2023-docam-zacklad2019.png\" class=\"fullwidth\" alt=\"Information design according to","id":3047509,"pubDate":"Thu, 23 Jul 2026 10:17:34 +0200","titre":"[Article] Document theory and document design","url":"https://www.arthurperret.fr/blog/2023-11-01-document-theory-and-document-design.html","source":"Blog d'Arthur Perret"},{"titre":"FTC Requires Amazon to Pay $2.25 Million to Resolve Charges It Knowingly Violated the Fair Credit Reporting Act","id":2997627,"pubDate":"Wed, 01 Jul 2026 08:09:43 +0200","description":"Amazon will pay $2.25 million in civil penalties to settle Federal Trade Commission allegations that the online retail giant knowingly violated the Fair Credit Reporting Act (FCRA) by refusing to provide transaction records to consumers whose personal information was used by identity thieves to commit fraud. The complaint , filed by the Department of Justice upon notification and referral from the FTC, alleged that in numerous instances, Amazon.com Inc. failed to comply with Section 609(e) of the FCRA, which requires companies to, within 30 days of a consumer’s request, provide victims of identity theft with application and business transaction records about fraudulent transactions made in their names. According to the complaint, Amazon had no written policy to respond to Section 609(e) requests until early 2025, after it learned of the FTC’s investigation, despite prior outreach from FTC staff advising the company to review its compliance with Section 609(e). “Amazon often put identity theft victims through a Kafkaesque ordeal by demanding they identify the thief who stole their information before Amazon would release the records the law entitles them to—records that could help victims protect themselves and recover from the fraudulent conduct,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The FTC will not allow companies to simply ignore their legal obligations, especially those designed to support and protect identity theft victims.” Many consumers who contacted Amazon to report fraud were told by its customer service agents that they could not provide the requested records for “security” or “privacy” reasons, the complaint alleged. For example, one consumer reported that when they contacted Amazon seeking business records related to unauthorized charges stemming from a fraudulent account, a company representative said they could not share details about the other account that had used the consumer’s credit card for “security reasons” unless the consumer guessed the name on the account (the name used by the identity thief), which the consumer was unable to do after making 30 attempts. The complaint alleged that in other instances, Amazon agents told consumers they were not able to access the requested records. Amazon even refused to provide application and business transaction records to law enforcement agencies who had been authorized to, and who did, submit requests to Amazon on behalf of consumers who were victims of identity theft. Some frustrated consumers resorted to sending copies of the FCRA and FTC guidance to Amazon in hopes of receiving the requested records, but Amazon still failed to comply with the law. The complaint also alleged that in some cases where Amazon ultimately provided requested records, it failed to respond to consumers within the 30-day timeframe required by the FCRA. In addition to the $2.25 million civil penalty—a record for a Section 609(e) violation—the proposed order will prohibit Amazon from failing to comply with Section 609(e) of the FCRA, requiring the company to provide the records lawfully requested by identity theft victims and law enforcement agencies acting on their behalf. The order also requires Amazon to provide notice to consumers about how identity theft victims can request records under the FCRA. The company must also contact consumers who had requested records since April 2024 from Amazon but did not receive them to inform these consumers that it may have additional records and that the consumers may request those records from Amazon. This is the second case the FTC has brought using its authority under Section 609(e) of the FCRA. The FTC announced its first case involving a violation of Section 609(e) of the FCRA in 2020 against Kohl’s Department Stores Inc . The Commission voted 2-0 to authorize the staff to refer the complaint to the DOJ and to approve the proposed stipulated order. The DOJ filed the complaint and final","source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/06/ftc-requires-amazon-pay-225-million-resolve-charges-it-knowingly-violated-fair-credit-reporting-act"},{"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/06/ftc-data-show-people-reported-losing-3-point-5-billion-imposter-scams-2025","titre":"FTC Data Show People Reported Losing $3.5 Billion to Imposter Scams in 2025","pubDate":"Tue, 16 Jun 2026 08:09:40 +0200","id":2959787,"description":"New data from the Federal Trade Commission reveal that people reported losing a staggering $3.5 billion to imposter scams in 2025, with reported losses increasing nearly three times since 2020. FTC data also show that people reported imposter scams more than any other fraud category in 2025—nearly one in three fraud reports were about imposter scams. These scams lured consumers through text, phone, email, social media, search engine results and other means. Some of the costliest impersonation scams start with a fake security alert, often from a bank. People are convinced to move money to “protect” it, with their losses often limited only by their available funds. Last year, people reported losing nearly $1 billion to business impersonators with the highest reported losses to bank impersonators—and about $920 million to government impersonators, up from $866 million and $789 million respectively in 2024. The FTC has seen a striking increase in reported fraud losses to all types of fraud—about $16 billion was reported lost in 2025, the highest on record and an increase of about 25% compared to the 2024 figure. “Consumers derive enormous benefits from competitive markets built on truthful information. But fraud undermines that foundation, impeding the market process and preventing markets from operating efficiently,” said Christopher Mufarrige, Director of the Bureau of Consumer Protection. “The FTC will use every tool available to combat one of the most pernicious forms of fraud—government and business impersonation—and to protect the integrity of the digital economy.” The data underscore the importance of the FTC’s work with the  Elder Justice Coordinating Council (EJCC) , which is working to help raise awareness of imposter scams and other scams impacting older adults as well as other consumers. This year, the FTC, along with the Department of Justice, Department of Health and Human Services and members of the EJCC, is leading the Never Ever campaign, a public-private coordinated consumer education effort to raise awareness of government and business imposter scams. In addition to the federal agency members of the EJCC , the campaign also includes private sector representatives such as the American Bankers Association, USTelecom, Google and Microsoft. To help the public spot imposter scams, EJCC members launched the Never Ever campaign, which is aimed at promoting messaging on the key actions that government and businesses will Never Ever take. The Never Ever campaign will run from June 15 to June 26, in conjunction with World Elder Abuse Awareness Day. This first-of-its-kind public-private partnership includes participants from a wide range of organizations and is aimed at directing consumers to a website that includes information and resources to help them avoid imposter scams and what to do if they spot one. Enforcement Actions To help combat impersonation scams, the FTC in 2024 finalized the Impersonation Rule. The Rule gives the agency stronger tools to combat and deter scammers who impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking to get money back to injured consumers and civil penalties against rule violators. Since then, the FTC has vigorously enforced the rule and brought a dozen enforcement actions that have resulted in halting imposter schemes and obtained over $70 million in redress for consumers. In 2025, the FTC brought law enforcement actions under the Impersonation Rule against:  American Tax Service (IRS imposter scheme);  MediaAlpha (government imposter scheme to sell health insurance);  Click Profit (business imposter money making scam);  Blackstone Legal (phantom debt business imposter scheme) and  Accelerated Debt Settlement (government and business imposter scheme that targeted older adults for debt relief). More recently, the  FTC filed a complaint against Innovative Partners in April 2026 , alleging the operators"},{"url":"https://www.edpb.europa.eu/news/news/2026/edpb-brings-clarity-data-processing-scientific-research-speeds-finalisation_en","source":"EDPB News","pubDate":"Thu, 16 Apr 2026 14:15:11 +0200","id":2829942,"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","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"},{"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2026/edpb-identifies-challenges-hindering-full-implementation-right-erasure_en","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","titre":"EDPB identifies challenges hindering the full implementation of the right to erasure","pubDate":"Wed, 18 Feb 2026 15:27:14 +0100","id":2703238},{"description":"Defendants behind a wide-ranging operation known as Growth Cave, including its co-CEOs, are permanently banned from marketing and selling business opportunities and credit repair programs as part of an FTC settlement to resolve allegations that their scheme cost consumers nearly $50 million. As part of that settlement, Growth Cave’s co-CEOs also will be required to liquidate millions of dollars’ worth of assets, including a multimillion-dollar house, to provide consumer redress. “On day one, the Trump-Vance FTC reprioritized combatting fraud that harms American markets. Today’s successful resolution demonstrates that the Commission is focused on protecting our markets from dishonest actors,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. The FTC  sued Growth Cave  in February 2025, alleging that consumers were deceived by false promises of significant income. Growth Cave allegedly offered numerous business opportunities, which regularly failed to deliver the promised results while costing consumers thousands of dollars. The amended complaint also alleges that consumers had trouble reaching Growth Cave employees and obtaining customer support. Named as defendants in the lawsuit were Growth Cave’s co-CEOs Lucas Lee-Tyson and Osmany Batte, Operations Manager Jordan Marksberry, related Growth Cave entities, and relief defendant Friendly Solar. The FTC previously approved, and the court entered, a stipulated order settling its charges against Marksberry late last August. That order bans Marksberry from: marketing or selling business opportunities, engaging in credit repair activities, and making misleading earning claims or assisting others in doing the same. Finally, the order includes a judgment of $48,597,538 against him, which has been partially suspended upon his payment of $35,000 to the Commission. The court orders announced today settle the FTC’s charges against all remaining defendants in this case. The first order (the LLT order) binds Lee-Tyson, individually and as an officer and/or owner of Growth Cave, LLC and LLT Research LLC. The second order (the Batte order)   binds Apex Mind, LLC; Osmany Batte, individually and as an officer of Growth Cave, LLC and Apex Mind, LLC; and relief defendant Friendly Solar, Inc. Both orders announced today contain similar conduct provisions, banning the defendants from selling and marketing—or assisting others in selling or marketing—business opportunities and from engaging in credit repair activities. They also prohibit the defendants from making misleading representations related to earnings claims, testimonials, and the use of artificial intelligence. The orders also impose judgments of $48,597,538 against the defendants, which will be partially suspended based on their inability to pay. The LLT order requires Lee-Tyson to sell a range of assets, including his multimillion-dollar house, and liquidate his investment and bank accounts. The proceeds of these transactions will be transferred to the Commission and will be used for consumer redress. The Batte order requires Batte to liquidate several assets including a Rolls-Royce and a Ferrari. Relief defendant Friendly Solar is required to transfer $43,000 to the Commission for its part in profiting from the defendants’ illegal conduct. The Commission vote approving the August stipulated order with defendant Marksberry was 3-0, and the vote approving the orders announced today against the remaining defendants was 2-0. The proposed orders were filed in the U.S. District Court for the Central District of California. The staff attorneys on this matter are Maris Snell and Adrienne Jenkins of the FTC’s East Central Region and Miles Freeman of the FTC’s Western Region Los","id":2659689,"pubDate":"Wed, 28 Jan 2026 09:50:38 +0100","titre":"FTC Secures Settlement Banning Growth Cave Defendants from Marketing and Selling Business Opportunities and Credit Repair Programs","url":"https://www.ftc.gov/news-events/news/press-releases/2026/01/ftc-secures-settlement-banning-growth-cave-defendants-marketing-selling-business-opportunities","source":"Federal Trade Commission - Protecting America's Consumers"},{"description":"7-Eleven, Inc. and its parent company, Seven & i Holdings Co., Ltd., (collectively 7-Eleven) will pay $4.5 million to settle a Federal Trade Commission lawsuit alleging that the convenience store chain violated a 2018 FTC consent order by acquiring a fuel outlet in St. Petersburg, Fla. without providing the Commission prior notice. The $4.5 million penalty marks the largest civil penalty ever collected in an FTC case involving a prior-notice violation. It is also the largest negotiated settlement of any order violation in the FTC Bureau of Competition’s history. “Under the Trump-Vance FTC, merger remedies that protect competition are once again on the table. But for merger remedies to work, firms must abide by the terms of their consent orders, and we will hold parties accountable when they don’t live up to their commitments,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “7-Eleven failed to fulfill the terms of the FTC’s consent order and is now paying a record price. The FTC will not hesitate to protect the public by actively enforcing order violations and seeking penalties against future violators.” The settlement resolves an FTC lawsuit filed in 2023. That suit arose from a 2018 consent order to resolve the FTC’s antitrust claims that 7-Eleven’s $3.3 billion acquisition of 1,100 retail fuel outlets from Sunoco would harm competition and raise fuel prices for consumers in 76 local markets. In the consent order, 7-Eleven agreed to divest certain fuel outlets and to provide prior notice to the FTC before making future acquisitions of competing fuel outlets in the local markets. This prior notice allowed the FTC to investigate—and, if needed, file an enforcement action—if additional acquisitions by 7-Eleven harmed consumers in these local markets. The consent order specifically listed the St. Petersburg outlet as one that 7-Eleven could not acquire without providing the FTC with prior notice. According to the FTC’s complaint, 7-Eleven acquired the St. Petersburg fuel outlet in December 2018, in violation of the consent order. On March 25, 2022—over three years after 7-Eleven acquired the St. Petersburg outlet—7-Eleven first informed the Commission it had acquired the St. Petersburg outlet. The FTC found that 7-Eleven’s internal controls for ensuring compliance with the consent order were wholly inadequate and that the company failed to implement any meaningful systems to ensure compliance with the Commission order. In addition to the $4.5 million in civil penalties, 7-Eleven was required to divest the St. Petersburg outlet to a strong buyer. 7-Eleven also agreed to commit to additional prior approval and prior notice requirements, which will help ensure that the Commission is made aware of any attempts by 7-Eleven to further consolidate in the local fuel markets addressed in the FTC’s order.  The Commission vote authorizing staff to file the stipulated final judgment and order for permanent injunction and civil penalty was","pubDate":"Tue, 09 Dec 2025 09:50:02 +0100","id":2559842,"titre":"7-Eleven to Pay Record $4.5 Million Penalty to Settle FTC Antitrust Order Violation Case","url":"https://www.ftc.gov/news-events/news/press-releases/2025/12/7-eleven-pay-record-45-million-penalty-settle-ftc-antitrust-order-violation-case","source":"Federal Trade Commission Concurrence communiqués"},{"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"},{"pubDate":"Tue, 10 Jun 2025 09:51:20 +0200","id":2170441,"titre":"The French SA fines SOLOCAL €900 000","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)","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-eu900-000_en","source":"EDPB News"},{"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 €","id":2130472,"pubDate":"Wed, 21 May 2025 15:52:14 +0200","source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-900-000-eu_en"},{"source":"Federal Trade Commission Concurrence communiqués","url":"https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-surveillance-pricing-study-indicates-wide-range-personal-data-used-set-individualized-consumer","description":"The Federal Trade Commission’s initial findings from its surveillance pricing market study revealed that details like a person’s precise location or browser history can be frequently used to target individual consumers with different prices for the same goods and services. The staff perspective is based on an examination of documents obtained by FTC staff’s 6(b) orders sent to  several companies in July aiming to better understand the shadowy market that third-party intermediaries use to set individualized prices for products and services based on consumers’ characteristics and behaviors, like location, demographics, browsing patterns and shopping history. Staff found that consumer behaviors ranging from mouse movements on a webpage to the type of products that consumers leave unpurchased in an online shopping cart can be tracked and used by retailers to tailor consumer pricing. “Initial staff findings show that retailers frequently use people’s personal information to set targeted, tailored prices for goods and services—from a person's location and demographics, down to their mouse movements on a webpage,” said FTC Chair Lina M. Khan. “The FTC should continue to investigate surveillance pricing practices because Americans deserve to know how their private data is being used to set the prices they pay and whether firms are charging different people different prices for the same good or service.” The FTC’s study of the 6(b) documents is still ongoing. The staff perspective is based on an initial analysis of documents provided by Mastercard, Accenture, PROS, Bloomreach, Revionics and McKinsey & Co. Image The FTC’s 6(b) study focuses on intermediary firms, which are the middlemen hired by retailers that can algorithmically tweak and target their prices. Instead of a price or promotion being a static feature of a product, the same product could have a different price or promotion based on a variety of inputs—including consumer-related data and their behaviors and preferences, the location, time, and channels by which a consumer buys the product, according to the perspective. The agency will only release information obtained from a 6(b) study as long as all data has been aggregated or anonymized to protect confidential trade secrets from company respondents, and therefore the staff perspective only includes hypothetical examples of surveillance pricing.  The staff perspective found that some 6(b) respondents can determine individualized and different pricing and discounts based on granular consumer data, like a cosmetics company targeting promotions to specific skin types and skin tones. The perspective also found that the intermediaries the FTC examined can show higher priced products based on consumers’ search and purchase activity. As one hypothetical outlined, a consumer who is profiled as a new parent may intentionally be shown higher priced baby thermometers on the first page of their search results. The FTC staff found that the intermediaries worked with at least 250 clients that sell goods or services ranging from grocery stores to apparel retailers. The FTC found that widespread adoption of this practice may fundamentally upend how consumers buy products and how companies compete. As the FTC continues its work in this area, it is issuing a request for information   today seeking public comment on consumers’ experiences with surveillance pricing. The RFI also asks for comments from businesses about whether surveillance pricing tools can lead to competitors gaining an unfair advantage, and whether gig workers or employees have been impacted by the use of surveillance pricing to determine their compensation. Comments are due by April 17. The Commission voted 3-2 to allow staff to issue the report. Commissioners Andrew Ferguson and Melissa Holyoak issued a dissenting statement related to the release of the initial research summaries. The FTC has additional resources on the interim","titre":"FTC Surveillance Pricing Study Indicates Wide Range of Personal Data Used to Set Individualized Consumer Prices","pubDate":"Thu, 10 Apr 2025 09:51:48 +0200","id":2044739},{"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","id":1792119,"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","source":"EDPB News"},{"pubDate":"Tue, 09 Apr 2024 10:37:20 +0200","id":1237684,"titre":"Caring for the Carers: The Game-Changing Corporate Policy Revolutionizing Work-Life Balance","description":"Key Takeaways: Introduction to a Progressive Policy Setting the Corporate Standard Virgin Media O2 is redefining the landscape of employee benefits with its gold standard carer’s policy, which surpasses the upcoming legislative requirements for unpaid carer’s leave. This policy reflects a deep understanding of the challenges faced by employees balancing professional responsibilities with caring for loved ones. The Impact of Paid Carer’s Leave A Resounding Success The introduction of paid carer’s leave at Virgin Media O2 has been a lifeline for many employees, allowing them to support family members and friends without the financial strain of taking unpaid leave. The The post Caring for the Carers: The Game-Changing Corporate Policy Revolutionizing Work-Life Balance appeared first on Business Today","url":"https://businesstoday.news/caring-for-the-carers-the-game-changing-corporate-policy-revolutionizing-work-life-balance/?utm_source=rss&utm_medium=rss&utm_campaign=caring-for-the-carers-the-game-changing-corporate-policy-revolutionizing-work-life-balance","source":"Business Today"}]