By Gionata Bouché and Etienne Valk The data retention debate is becoming ever-more complex, or so it is written. Since the second La Quadrature du Net (LQDN) installment by the Court of Justice of the European Union (CJEU) on 30 April 2024, it is at least becoming a bit clearer. The CJEU answers preliminary questions … Read more
On 3 December 2024 , the European Data Protection Board (EDPB) released draft Guidelines 02/2024 on Article 48 GDPR clarifying the rules for data sharing with third country authorities. The Guidelines are another essential clarification to the GDPR’s requirements for data transfers. Consultation on the draft guidelines is open until 27 January 2025, after which … Read more
I see a lot of people writing that Banking-as-a-Service (BaaS) is dead. That saddens me a little, as I created the term twenty years ago – have I mentioned this before? – but I agree. It is now past its prime. It was replaced by open banking. Then there was embedded finance and today it is … Read more
Introduction The ruling in Kneschke vs. LAION by the German Hamburg Regional Court (Court) represents the first landmark case clarifying the application of the CDSM Directive’s text and data mining (TDM) exceptions to AI training. Kneschke, a photographer, sued LAION for using one of his original and creative works to build AI training datasets without … Read more
The interaction between EU law and international law is an intriguing subject. The receptiveness of domestic legal orders vis-à-vis the international legal order is an all-time classic of foreign relations law and of course of even greater interest where the ‘domestic’ legal order in question has itself its roots in international law. That the EU … Read more
