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On April 17, 2024, the European Data Protection Board (EDPB) published the Opinion 08/2024 on Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms. The supervisory authorities of some EU Member States asked the EDPB to issue this opinion in order to obtain clarity on the circumstances in which consent or pay models for behavioral advertising can be used by large online platforms on the basis of valid consent or under which circumstances valid consent can be given in such cases. According to the supervisory authorities, there is no uniform answer to this question. However, the clarification is particularly relevant for the general application of the principles on the concept of consent. Dr. Carlo Piltz and Alexander Weiss, from Piltz Legal, unpack the opinion, looking specifically at the opinion's implications on both platforms and European legal frameworks.

On April 17, 2024, the European Data Protection Board (EDPB) published Opinion 08/2024 on Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms. In this Insight article, OneTrust DataGuidance provides an overview of the opinion.

In this Insight article, Omar Shah, Vishnu Shankar, Jack Ashfield, and Nina Jayne Carroll, of Morgan, Lewis & Bockius LLP, discuss the UK Competition and Markets Authority's (CMA) initial report on AI Foundation Models (the FM report) published in September 2023. This report provided the CMA's early views on how foundation models (FMs) are developed and deployed as well as potential future regulatory interventions. This Insight article considers the key takeaways that market players in the artificial intelligence (AI) space should be mindful of as increased regulatory scrutiny persists. 

On March 13, 2024, the European Parliament adopted the European Union's (EU) Regulation laying down harmonized rules on artificial intelligence (AI), commonly known as the Artificial Intelligence Act (the AI Act) (see the European Parliament press release and OneTrust DataGuidance News article). Almost three years after the European Commission's first legislative proposal, and after the EU legislators reached a political agreement on the key aspects of the AI Act in December 2023 in the course of the trilogue following months of negotiations, the world's first comprehensive regulatory framework for AI has officially been approved. 

This Insight article addresses the most important questions as to what companies and other entities should know and consider when conducting any activities involving AI. Valentino Halim, Junior Partner at Oppenhoff & Partner, unpacks the AI Act and provides insight into the scope and key obligations of the new regulatory framework for AI at the EU level. 

Artificial intelligence (AI) is rapidly transforming various sectors globally, and Turkey is no exception. As the adoption of AI technologies accelerates, governments worldwide are addressing the need for comprehensive regulations to ensure ethical and responsible AI development and deployment. Yücel Hamzaoğlu and Melike Hamzaoğlu, from Hamzaoğlu Hamzaoğlu Kınıkoğlu Attorney Partnership, delve into the current state of AI regulation in Turkey, examining guidelines, existing legislation, and the influence of the EU AI Act.

The first part of this series on the EU's Artificial Intelligence Act (AI Act) explored the covered types of artificial intelligence (AI) and the corresponding obligations of each AI actor. The second part of this series provided a brief explanation of the importance for providers to comprehend and adhere to their obligations. In the third installment, we examined these provider obligations within the broader context of the evolving AI landscape. In the fourth article of this series, Starr Drum, Shareholder at Polsinelli PC, compares the AI Act with the National Institute of Standards and Technology's (NIST) Artificial Intelligence Risk Management Framework (AI RMF 1.0) (AI RMF). Through an exploration of their distinct features and complementary aspects, this article provides essential insights for organizations navigating AI governance.

As the adoption of AI accelerates globally, regulatory and voluntary frameworks play a crucial role in ensuring responsible and trustworthy AI deployment. This comparative analysis of the EU's AI Act against the NIST's AI RMF sheds light on the similarities and differences between these two influential guideposts, providing insights for organizations navigating the complex landscape of AI governance.

The Data Protection and Digital Information (No. 2) Bill was first introduced to Parliament by the UK Government on March 8, 2023. Following consultation and progress through Parliament, the UK Government unveiled a raft of changes to the proposal in November 2023, renaming the legislation the Data Protection and Digital Information Bill (the Bill), all of which it deemed 'commonsense.' In its 'Changes to data protection laws to unlock post-Brexit opportunity' press release of the same date, the UK Government indicated that the changes would 'safeguard the public, prevent fraud, and unlock Brexit opportunities' creating an 'innovative data protection regime' that will 'allow the country to realize new post-Brexit freedoms which are expected to deliver new economic opportunities…of at least £4 billion.' This is all part of the UK's ambition to be a business-friendly jurisdiction for technology innovation. 

The Bill is expected to become law this spring. In a prior piece, we scrutinized the impact of some of the Government's pro-business ambitions for the prior version of the Bill. Below, Natalie Farmer, Director and Foreign Legal Consultant at Fieldfisher (Silicon Valley) LLP, examines a number of the latest changes and whether they can deliver the innovation and opportunities promoted by the UK Government's press release. It is worth keeping in mind that changes to the UK data protection regime that result in a watering down of protections for the individual may cause the UK to lose its adequacy status, restricting the free flow of data between the EU and the UK. Such a result is unlikely to translate to 'economic opportunities' for UK businesses trading with the bloc. 

Kelly Hagedorn, Alex Sobolev, Hanna Hewitt, and Thomas Seward, of Orrick, Herrington & Sutcliffe (UK) LLP, provide a comprehensive overview of vendor privacy contracts in the UK. 

The right of access is enshrined in Article 15 of the General Data Protection Regulation (GDPR). An employee data subject access request (DSAR) is when an employee asks for all the information relating to them which their employer, as the data controller, holds. In this Insight article, OneTrust DataGuidance asks some key questions on employee DSARs, with answers provided by Laura De and Laura Brodahl, from Wilson Sonsini Goodrich & Rosati, Axel Anderl, from DORDA Rechtsanwälte GmbH, Chantal Van Dam, from Hogan Lovells, and Dr. Jessica Jacobi, from KLIEMT.HR Lawyers.

On December 22, 2023, the Turkish Personal Data Protection Authority (KVKK) published the Guidelines on the Protection of Privacy in Mobile Applications (the Guidelines) to address the existing and potential risks regarding the protection of privacy in mobile applications and to provide general recommendations to data subjects and data controllers. Melis Mert, of BTS & Partners, provides an overview of the key takeaways and enforceability of the Guidelines. 

Cookies and other tracking technologies are widely used by websites and online services to collect and process personal data of users, such as their preferences, behavior, location, and device information. This data can enable various purposes, such as personalization, analytics, advertising, and security. However, these practices also raise significant privacy and data protection challenges, as users may not be fully aware of or consent to the extent and nature of the data collection and processing and may face difficulties in exercising their rights and choices.

To address these challenges, the EU has adopted two main legal frameworks that regulate the use of cookies and other tracking technologies: the General Data Protection Regulation (GDPR) and the Directive on Privacy and Electronic Communications (the ePrivacy Directive). In this Insight article, Pedro Marques Gaspar, Manager (Digital Regulation) at PwC Spain, discusses the legal framework and best practices for the use of cookies in a privacy-friendly and compliant way.

In a time when digital marketing and visual identity play crucial roles, using employee photos sparks complex questions concerning privacy and data protection. The complexity of this landscape is further emphasized by the ongoing development of rules and regulations. In this Insight article, Elsebeth Aaes-Jørgensen, Partner at Norrbom Vinding, delves into how employers can navigate the delicate balance between their need for visual representation and the essential considerations on how to avoid infringing employees' rights.

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