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Digital Law Up(to)date: (1) the download of a software with a permanent licence can constitute a “sale of goods”; (2) alert of the BEUC regarding the privacy policy of WhatsApp and its new terms of use

In this blog, we present two interesting matters in the field of digital law: (1) The supply of a copy of software together with a licence to use it can constitute a "sale of goods”; and (2) WhatsApp in turmoil for its privacy policy and terms of use.

Digital Law Up(to)date: (1) Parliamentary initiatives about cyber attacks; (2) ‘Zero tariff’ options before the CJEU; and (3) Council of State, GDPR and encryption

In this blog, we briefly present three interesting matters in the field of digital law: (1) Parliamentary initiatives to tackle cyber attacks; (2) 'Zero tariff' options and open internet access do not mix; (3) Council of State, GDPR and encryption.

Digital Law Up(to)date: European Commission publishes results of the public consultation on the Data Act

On 6 December 2021, the European Commission published the results of the public consultation on its Data Act. This legislative initiative aims at facilitating data access and use, and reviews the rules on the legal protection of databases.

Digital Law Up(to)date: A first evaluation of the GDPR two years after implementation

On 25 March 2021, the European Parliament adopted a resolution on the Commission evaluation report on the implementation of the General Data Protection Regulation two years after its application.

Digital Law Up(to)date: DPA publishes recommendation on the processing of biometric data

On 6 December 2021, the Belgian Data Protection Authority published a recommendation on the processing of biometric data.
 

Digital Law Up(to)date: The use of the free version of Google Analytics violates the GDPR

The Datenschutzbehörde, the Austrian Data Protection Authority (DPA), found that the use of the free version of Google Analytics violated some provisions of the GDPR, and specifically the rules on international data transfers.

Digital Law Up(to)date: No processing of vaccination status in recruitment process

The Litigation Chamber of the Belgian DPA confirms that, in the absence of an existing legal basis, it is not possible for an employer, in this case a hospital, to make the recruitment of a person conditional on the fact that he/she has been vaccinated.

Digital Law Up(to)date: Interesting points in a DPA decision based on a cross-border complaint relating to cookies

The Belgian Data Protection Authority published an interesting decision of its Litigation chamber. The content of the decision is not completely new, but it provides (or recalls) some relevant elements for personal data practitioners.

Digital Law Up(to)date: The EDPS claims Pegasus might lead to an unprecedented level of intrusiveness

On 15 February 2022, the European Data Protection Supervisor published Preliminary Remarks on Modern Spyware. In fact, this document directly targets the Pegasus spyware developed by an Israeli company. 

Digital Law Up(to)date: The European Commission publishes the draft of the Data Act

On 23 February 2022, the European Commission published its draft Data Act, i.e. a proposal for a regulation on harmonised rules on fair access to and use of data. The text is part of the European strategy for data launched by the Commission in 2020.

The European AI Continent Action Plan

On April 9, 2025, the European Commission (EC) presented its new AI Continent Action Plan (the ‘Plan’), setting out a strategic agenda to accelerate the adoption and development of AI throughout the EU.

EU-U.S. Data Privacy Framework: A new adequacy decision for the United States

On Monday July 10, 2023, the European Commission adopted her adequacy decision for the United States, the “EU-U.S. Data Privacy Framework”, which has immediate effect.

Three months after the UBO-case – Where do we stand and what’s next?

This article looks at the aftermath of the UBO case invalidating the general access to UBO data, and looks at what lies ahead for companies and member states, and specifically at Belgium's recent regulatory action.

Hof van Justitie: prejudiciële vragen over gegevensverwerkingen door Meta

Op 4 juli 2023 heeft het Europees Hof van Justitie een arrest gewezen in de zaak C-252/21 (Meta e.a. tegen Bundeskartellamt). Meta Platforms Ireland (hierna: Meta) exploiteert onder meer het online sociale netwerk Facebook in de Europese Unie.

The revised Network and Information Security Directive: enhancing EU cybersecurity standards

More businesses and organisations will have to strengthen their cybersecurity strategies, as the European legislator revised the NIS Directive. NIS 2 will impose stricter cybersecurity obligations on more organisations.

The European Health Data Space (EHDS): new opportunities and obligations for healthcare institutions

The European Health Data Space (EHDS) will enter into force on 25 March 2025. The aim of the new European Regulation (EU) 2025/327 on the EHDS is to optimise the exchange of and access to health information within the EU.

CJEU confirms “right of explanation” in battle between trade secrets and algorithmic transparency

The CJEU's recent ruling emphasizes the GDPR's demand for algorithmic transparency in automated decisions, challenging companies to explain their logic. The decision also shows the difficulty of balancing such transparency with trade secret protection.

To what extent does the WAMCA procedure allow for collective actions for damages due to breaches of the GDPR?

Whether it is possible to claim collective damages for an alleged breach of the GDPR by means of WAMCA proceedings has been a recent question within the mass damages practice. What information on this topic can be found in legislation, case law and litera

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