UK Consults on Algorithmic Processing

Algorithms touch upon multiple aspects of digital life, and their use potentially falls within several separate – though converging – regulatory systems. More than ever, a ‘joined up’ approach is required to assess them, and the UK’s main regulators are working together to try to formulate a coherent policy, setting an interesting example that could be a template for global approaches to digital regulation. (more…)

Data Regulation Ramps Up in Europe: DMA, DSA, and the UK Online Safety Bill

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Wednesday, June 8, 2022

Since the EU announced its Digital and Data Strategy in February 2020, the European Commission has released several legislative proposals to regulate digital platforms and services, including with respect to access and the use of data. Included within the proposals are the Digital Markets Act (DMA) and the Digital Services Act (DSA).

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The Digital Markets Act Is Almost Here: 10 Things to Know About the EU’s New Rules for Big Tech

As regulators around the world fiercely debate new ways to oversee competition in the digital sector, the EU is on the brink of formally approving a landmark new law. The Digital Markets Act (DMA) will impose a stringent regulatory regime on large online platforms (so-called “gatekeepers”) and give the European Commission (Commission) new enforcement powers, including an ability to impose severe fines and remedies for noncompliance.

Once it comes into force, the DMA is set to revolutionize the way in which so-called Big Tech is regulated in the EU, shifting toward ex-ante rulemaking and away from traditional after-the-fact enforcement. Given the far-reaching nature of the DMA obligations, their effects will likely be felt globally.

There is a lot to digest, so below is our breakdown of the top 10 key points you should know about the EU’s new rules. (more…)

EU Data Governance Act – Edging Closer to a European Single Market for Data

On 6 April 2022, the European Parliament formally approved the Data Governance Act (“DGA”), which establishes a legal framework to promote the availability of data and increase trust in data sharing across sectors in the EU. Some of the key objectives of the new legislation include enabling the re-use of certain categories of protected public sector data and making it easier and safer for citizens and businesses to share their data with relevant stakeholders. (more…)

Trying to Tackle Big Data: European Union Launches Draft Data Act

On 23 February 2022, the European Commission (Commission) proposed a draft of a regulation on harmonised rules on fair access to and use of data – also known as the Data Act. The Data Act is intended to “ensure fairness in the digital environment, stimulate a competitive data market, open opportunities for data-driven innovation and make data more accessible for all”.

If adopted in its current form, the new rules will impose far-reaching obligations on tech companies (such as manufacturers of connected products and cloud service providers) and give national authorities new enforcement powers to sanction infringements with fines of up to EUR 20 million or 4% of annual global revenue, whichever is higher. (more…)

5 Key European Data Protection Trends for 2022

It seems there will be a packed agenda for EU and UK data protection this coming year. We set out below the 5 hot topics to watch in 2022 including expected legislative reforms, the most interesting cases to follow, and areas which are expected to continue to receive regulatory attention. (more…)

EU Council Publishes Changes to Artificial Intelligence Act Proposal

On 29 November 2021, the Slovenian Presidency (the “Presidency”) of the European Council published its compromise text (“Compromise Text”) on the European Union’s (“EU”) draft Artificial Intelligence Act (“AI Act” or “Act”) alongside a progress report on the Act. While the overall structure of the AI Act and many of its key provisions (including, those relating to potential fines for non-compliance), remain the same, there are some significant proposed changes to the Act which we have noted below including, for example, a new Article on general purpose AI systems. (more…)

5 Global Data Protection Trends To Watch In 2022

*This article was first published by Law360 on January 3, 2022.

A recent discussion with Elizabeth Denham and Claudia Berg of the U.K. Information Commissioner’s Office provided ample food for thought on the direction in which data protection regulation both in the U.K. and internationally is headed, including key trends to watch for in data protection.

View article.

European General Court Judgment in Google Shopping: Key Takeaways

On November 10, 2021, the European General Court (Court) issued its judgment in Case T-612/17 Google and Alphabet v Commission (Google Shopping).

The Court dismissed almost in its entirety the action brought by Google and Alphabet against the decision by the European Commission (Commission) of June 27, 2017, which found that Google had abused its dominant market position by favoring its own comparison shopping service (CSS) on its general results pages while demoting the results from competing CSSs. The Court also upheld the fine of €2.42 billion imposed on Google by the Commission. The judgment can be appealed to the Court of Justice of the European Union (CJEU). (more…)

Data: A New Direction or Misdirection? ICO Responds to UK Government Consultation on Its Proposed New Data Protection Regime

On 7 October 2021, the Information Commissioner’s Office (“ICO”), published its response to the UK government’s consultation entitled “Data: A new direction”. The consultation which sets out the proposals of the Department for Digital, Culture Media & Sport (“DCMS”) promised far-reaching reforms to the UK data protection regime with an emphasis on capturing the power of data to drive economic growth and innovation. The DCMS’s proposals posed a significant moment for UK data protection law and as such Sidley was pleased to host a Chatham House Rule discussion about this important consultation on 15 September 2021 with Joe Jones, Deputy Director, International Data Transfers at the DCMS. We hope that interested readers may have attended our discussion with Deputy Director Jones. (more…)