Philipp Dannenberg

This is a nice summary of FIDA challenges. It is not mentioned though that banks have already worked heavily towards FIDA preparations during the last years in standardising at least the open Banking part of FIDA fully via the Hashtag #openFinanceAPI. In addition, first banks are investing in API Access schemes for premium data services which could serve as a kernel for FIDA schemes. Potential inclusion of eg the investment and insurance industry in API standardisation as well as schemes will be one of the major fascinating issues to be tackled by the industry. After the summer break. 😎 ⛵

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📢 Data Privacy Updates on Asset Deals, Patient Records, and Scientific Research in Germany On September 11, 2024, the German Conference of Data Protection Authorities of the Federal and State Governments (Datenschutzkonferenz=DSK) discussed critical topics. Here's a look at the major outcomes: 1. Revised Guidelines for Asset Deals: The DSK has updated its 2019 resolution on "Asset Deals" to offer clearer guidance on the application of the GDPR. This is crucial for companies involved in the transfer of business assets, including customer, supplier, and employee data. The new resolution provides a more detailed framework for ensuring data protection compliance in these transactions. 2. First Free Copy of Patient Records: Following a ruling from the European Court of Justice (ECJ) on October 26, 2023, the DSK is advocating for legislative changes to ensure patients receive their first copy of medical records for free. This aligns with Article 15(3) of the GDPR, which grants patients the right to one free copy of their records, challenging existing national regulations that require payment. 3. Unified Definition of Scientific Research: The DSK has established a consistent understanding of "scientific research purposes" under the GDPR. This aims to ensure that data processing for research is methodologically sound, independent, and serves the public interest, while also respecting the rights of data subjects. Why This Matters: These resolutions are pivotal for harmonizing data protection practices. The focus on AI, patient rights, and scientific research underscores the DSK's commitment to adapting data protection to contemporary challenges. The original press release was in German and has been translated into English using DeepL. Please read with care. #DataPrivacy

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#Germanlegaltechsummit2024 is over, time to reflect on the learnings: 1️⃣ AI is still the topic everyone is talking about. What I love a lot: It gets more and more diligently integrated into products. This is the tedious and unspectacular groundwork we need to achieve true efficiency gains. The phase of “just put some AI on top so we are first” is coming to an end. 2️⃣ Still, a lot of bragging and ignorance around. As an example, I have met self-proclaimed AI experts who insisted that an “LLM” is a law degree and nothing else. 3️⃣ On buyer-side, I see more healthy skepticism and focus on actual value added and feasibility. I like it and believe this development will continue. 4️⃣ Maybe a minor observation, but thanks to Andrea Schlüter and the TÜV AI Act Risk Navigator, I am more optimistic that the EU AI act will not block innovation in Legal. But, just like GDPR, it may be used as an excuse not to invest in innovation 😬 5️⃣ Overall, first time on German Legal Tech Summit, and I liked it, as it was a very good place to talk with vendors and experts! As a nice bonus, if you get off at Hannover Messe/Laatzen, you reliably achieve your daily step count… 🚶🏽‍♀️ German Legal Tech Hub #GLTS2024 #Legal Tech

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Schellenberg Wittmer Newsflash: Swiss-US Data Privacy Framework: Adequacy Decision for Certified US Companies On 14 August 2024, the Federal Council has issued an adequacy decision for US companies which are certified under the Swiss-US Data Privacy Framework, becoming effective on 15 September 2024. The certification for US companies will allow personal data to be transferred from Switzerland to certified companies in the US without additional safeguards (e.g. Standard Contractual Clauses). Read more: https://lnkd.in/e-NTkwQ7 Roland Mathys, Helen Reinhart #SchellenbergWittmer #data #dataprivacy #dataprotection

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𝐀𝐈 𝐆𝐨𝐯𝐞𝐫𝐧𝐚𝐧𝐜𝐞 𝐢𝐧 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 Last week I had the pleasure to participate in the biggest IAPP KnowledgeNet event ever organized. With 300 participants, the European Privacy Network gathered professionals from all DACH region (and beyond) and it was filled with exciting panels and insights. Plus some welcomed in-person networking and exchange. As one of the speakers, I had the opportunity to share a little bit about the journey towards a mature AI Governance program. In a nutshell, my presentation went through the following topics: • Cross-functional working group • Roles and Responsibilities  • Policies, questionnaires and risk frameworks • AI Literacy Here I would like to make an honorable mention to AI Literacy. In the session I was positively surprised that most of the Q&A revolved around the Literacy topic, which is such a fun topic to discuss about. On the other hand, here on LinkedIn I've seem a focus only on high-risk requirements and the likes (which will kick in August 2026), while not nearly enough people are talking about AI Literacy (which will kick in February 2025). So yes, in terms of prioritization, AI Literacy should be quite high on your list of tasks now. However, the legal requirement deadline isn't the only reason you should prioritize training and awareness. After all, a governance program success depends a lot more on the general understanding by employees of principles and guidelines, than on "dead" policies. For those who missed it (unfortunately it was only held in person here in Munich) and for those who would like to pick my brain and chat more about governance, feel free to drop me a message and we can schedule a coffee talk. Finally, I'm more than happy to share the entire slide presentation with you all, which you can find through the link below. https://lnkd.in/d96af73J #responsibleai #ailiteracy #iapp #knowledgenet #epn #europeanprivacynetwork

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New Guidance from German Authorities for Digital Service Providers The German data protection authorities (DSK) have released updated guidance for digital service providers. It is only available in German but here are the key points: Scope: Applies to all digital service providers Consent Requirement: Storing information on or accessing information from end devices requires user consent. Technology Neutrality: Applies to all technologies, not just cookies. No Personal Data Required: Protection extends beyond the GDPR. Consent Requirements: Must be voluntary, informed, unambiguous, and revocable. Exceptions from consent: Only in cases of technical necessity or service provision. The new guidance significantly impacts the design of digital services, especially regarding consent declarations. It's worth examining the sections on consent design closely. For instance: Informed consent in this context (referring to user tracking by third parties) requires clearly explaining the purposes of processing, particularly if individual profiles are created and enriched with data from other websites. Third-party service providers must be individually named. The requirements aare not limited to the operation of websites and apps, although these are the most common use cases. Therefore, the guidance primarily includes examples from these areas to illustrate the points.

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The State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg/Germany has published an update of its discussion paper "Legal Foundations in Data Protection for the Use of Artificial Intelligence. I recommend to read chapter IV. 1 on legitimate interest. Like: "In the development and use of AI systems, a legitimate interest of the controller will regularly be assumed. Such a legitimate interest may, for example, lie in the development of AI systems. Thus, controllers in a commercial context will regularly pursue the goal of offering increasingly better and more innovative products, which may include, for instance, the development of autonomous vehicles or the flawless recognition of human interactions." Thank you Dr. Henrik Hanssen for sharing the machine translation!

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Upcoming Cases in Germany on Data Scraping Damages Mark your calendar: On October 8, 2024, the Federal Court of Justice (BGH) in Germany will hear two pivotal cases (VI ZR 7/24 and VI ZR 22/24) concerning compensation claims for individuals whose data was illicitly scraped and disseminated online by unknown third parties. In both cases, the defendant is Facebook (Meta Platforms, Inc.). The incidents stem from a major data breach in April 2021, where information from approximately 533 million Facebook users across 106 countries was leaked online. This breach was facilitated by a feature that allowed Facebook profiles to be found via phone numbers, which third parties exploited using automated scraping tools. The plaintiffs, whose user IDs, names, countries, and genders were exposed, seek compensation for non-material damages, alleging insufficient security measures by Facebook. They report experiencing anxiety, stress, and loss of comfort and time. Additionally, they demand an injunction and information disclosure. Previous rulings saw the Heilbronn and Cologne Regional Courts dismiss the claims, but the Stuttgart and Cologne Higher Regional Courts provided mixed outcomes. The Stuttgart Higher Regional Court partially upheld one plaintiff’s appeal, recognizing Facebook's liability for future damages, while the Cologne Higher Regional Court upheld the dismissal. Both plaintiffs are now pursuing their claims through BGH-approved revisions. The outcomes could set significant precedents in data protection law. #DataProtection #Facebook

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Set Your Business Apart with GDPR Compliance Since EuroPriSe Cert is the exclusive provider of accredited GDPR certification in Germany, we decided to summarize all important information about our certification in a free whitepaper. As some of you already know: Since January 2024, our certification not only demonstrates your commitment to data privacy but also gives your business a competitive edge in today's data-driven world. Be curious and learn more about the various benefits that you gain with Germany's first accredited certification according to Article 42 GDPR by EuroPriSe Cert. Our new whitepaper not only details the numerous benefits of our certification, but it also outlines the certification process and includes an insightful case study. Gain a deeper understanding of how our service can transform your GDPR compliance into your USP. #GDPRCompliance #PrivacyCertification #DataSecurity #BusinessExcellence #B2B #europrise

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📣It promises to be an exciting event - so grab your seats while they are still available! ❓What? #breakfastAI, but evening edition, so we swap 🍳 for pizza 🍕 🗓️When? 28.11. at 18:00 🗺️Where? In the DevOne Hub space at Dynatrace ✔️ We will analyze the most common risks associated with AI deployment - from data protection to ethical issues to potential algorithm errors. (this is definitely my thing) ✔️ We'll talk about regulations that affect the use of AI in business. ✔️ We'll discuss how machine awareness and sentience development can become the key to creating fully autonomous AI systems. (Jan Wilczyński) ✔️ We will show how AI and game theory agents can become a real “school of life” for user interface and experience design in the GenAI era. (Marcin Brdys) And finally, together we (Marcin Mirecki) will exchange experiences and discuss how to manage the technological, legal and operational challenges of #AI adoption in an organization. Link to sign up - in the comments. Together with Krzysztof Deneka and Maciej Zielinski we can't wait to see you there🙌.

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New draft bill on German AML law is out. Great news. Hope to see it becoming reality very soon. Amen. Some of the smaller players in the market are very happy as they see doors open for them to push their services in the name of automated solutions (security is second thought), pay attention. Knowing the #German, #French, #Swiss and other EU regulators over the years, they don’t fool around and do not take security and privacy for granted. New draft makes it very clear that regulators want ease of use and better user experience for consumers but not compromise on security. Consumers and customers want choices and platforms that can offer multiple methods and options. No one offers that but #IDnow. Whether #Video #EID #Semiautomated #Automated. All in one place not only complying with regulatory requirements but going over and above to ensure security is not compromised.   #innovation #KYC #identity #AML #bafin #bmi #bsi #anssi Great to see some media opinions also. More to come

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- On 6 May 2024, German data protection authorities (DPAs) released a guidance paper on ensuring GDPR compliance in the use of artificial intelligence (AI) applications. This is progress towards uniform guidelines across all German DPAs, addressing previous inconsistencies and legal uncertainties for companies operating in multiple federal states in Germany. - While the guidance does not introduce new findings, it clarifies the current expectations and positions of the German DPAs regarding AI tools used by companies and organizations. The stance of the German DPAs aligns with perspectives from other European DPAs, such as those reflected in the French CNIL’s recent non-binding AI guidance. - The guidance emphasizes using large language models (LLMs) in a data protection-compliant manner. It primarily targets those deploying AI applications, though it also offers some recommendations for AI developers, highlighting the importance of considering the data protection controls their customers will need. The guidance outlines three key stages of AI utilization: * Selection/Planning Stage: Involves initial decision-making and planning for AI deployment. * Implementation Stage: Focuses on integrating and setting up AI applications within a company’s systems. * Production Stage: Covers the active use and operational management of AI applications in the company. - Companies selling into or operating in the EU should integrate this guidance into their broader AI strategy and governance frameworks, considering it one aspect of their overall approach to AI deployment. - The German DPAs have also indicated that this guidance is intended to evolve, with future updates planned to reflect new advancements and developments in the AI sector. #cybersecurity #privacy #AI #GDPR

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🚨 Cybersecurity Affiliates, this is for you! 🚨 Looking to partner with a top player in cybersecurity? Want to monetize your traffic? Meet Surfshark. 🌍🔒 We spoke with Monika Sackute, Country Manager DACH at Surfshark. Here's why Surfshark should be on your radar: 1️⃣ Global Reach: Focus on North America, Europe, APAC, and Brazil. Target markets: Germany, UK, France, and Spain. 2️⃣ Innovative Products: Always evolving. Broad range of security solutions. 3️⃣ Perfect Audience Fit: Target: Tech-savvy men, 25-45 years. But everyone benefits from online security. 4️⃣ Winning Partnerships: Works with Content, Coupon, and Loyalty Publishers. Interested in Influencers and Review sites. 5️⃣ CJ Support: Tools like Partner-Recruiting and Insights Dashboards. Helps track and boost your performance. 6️⃣ Current Campaigns: Focus on travel season, sports events, and expats. Want to know more about why Surfshark is a must-have for your affiliate portfolio? Check out the full interview: https://bit.ly/4cbgnlu P.S. What's your top tip for promoting affiliate campaigns? Drop it below! 👇

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🚨 The EU-#NIS2 and EU-RCE directives will become binding in October 2024. Companies must prepare now, regardless of whether the German Bundestag implements them into national law on time. Join our webcast to learn about #SEEBURGER's commitments to information security and how you can easily audit your service providers. Register today! 🔒 👉 https://lnkd.in/eDTmwwF9 #Compliance #ITSecurity

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📲 Register and be part of another #RegulatoryBreakfast of the #DOCV, the MELCHERS Gaming and Betting Law Practice Group and von Beust & Coll. Beratungsgesellschaft mbH & Co. KG “Ready, Set, Regulate? – What the first Interstate Treaty Evaluation reveals” The #evaluation of the Interstate Treaty on #Gambling has been on the agenda at the Conference of Interior Ministers in June. Originally expected at the end of 2023, the 1st evaluation of the German gambling #regulation has now been discussed for the first time. But what does the evaluation mean for licensed operators? Which conclusions and trends can be drawn for the future of German gambling, e.g. for #advertisement and the fight against the #blackmarket? With our guests and experts, Simon Priglinger-Simader , Michelle Chelsea Hembury and Philipp Bauer we will assess the evaluation on July 11th at 9am CEST via Zoom. And we will present the legal and regulatory key findings and elaborate possible challenges. We are looking forward to an interesting and lively discussion. Note that the webinar will be held in English. ➡️ Please register here for our #free webinar: https://lnkd.in/dTjmmMbb #igaming #playerprotection

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📕 European Data Protection Board adopted Opinion 19/2024 on the EuroPrise criteria of certification regarding their approval by the Board as European Data Protection Seal pursuant to Article 42.5 (#GDPR) #dataprotection #personaldata

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