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Over a year after the adoption of the proposed Regulation on harmonized rules on fair access to and use of data (Data Act) by the European Commission on 23 February 2022, the Council of the European Union and the European Parliament finalised negotiations and reached a political agreement on 28 June 2023. It is in light of the Internet of Things (IoT) and the expected increase of data that this Act was thought, seeking to boost the EU's data economy by unlocking industrial data, optimising its accessibility and use, and fostering a competitive and reliable European cloud market. The Data...

In a ruling of 23 May 2023 (case no. VI ZR 476/18), the Bundesgerichtshof (Federal Court of Justice – BGH) decided that anyone who asks a search engine provider to de-reference the results of a general Internet search must prove that the information it contains is clearly inaccurate. However, such an obligation does not apply when images are displayed by a search engine’s image search tool (in this case, the “Images” tab of the Google search engine) merely in the form of a thumbnail of the original image published on a different website, to which the search engine provides...

On 10 May, the Minister of the Economy, Finance and Industrial and Digital Sovereignty and the Minister Delegate for the Digital Transition and Telecommunications presented the Digital Safety and Regulation Bill to the Council of Ministers. Containing 36 articles split into eight sections, this extensive piece of legislation aims to strengthen the “protection of minors online” and of “citizens in the digital world”, “confidence and competition in the data economy”, “the governance of digital regulation” and “monitoring of personal data processing...

Through Resolution No. 51 of 23 February 2023, the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali – the Garante) adopted its first ever decision on deceptive design patterns, also known as “dark patterns” (the Decision). Deceptive design patterns are defined by the European Data Protection Board in its Guidelines 03/2022 (the Guidelines), adopted on 14 February 2023, as “interfaces and user journeys implemented on social media platforms that attempt to influence users into making unintended, unwilling and potentially harmful decisions,...

On 13 April, the Commission Nationale de l’Informatique et des Libertés (French data protection authority – CNIL) announced that it had opened a “review procedure” to investigate five complaints concerning the artificial intelligence chatbot ChatGPT, including one lodged by MP Eric Bothorel alleging possible breaches of the General Data Protection Regulation (GDPR). Meanwhile, Jean-Noël Barrot, France’s digital minister, called for a more moderate approach, saying that blocking ChatGPT was not the answer and that it would be better “to regulate...