Marisa Monteiro Borsboom🦋

Kluwer #Competition Law introduces the fully updated State Aid Navigator tool. Understand state aid case law from the #EU courts, arranged by subject and featuring extracts from judgments and orders. Effectively uncover the nuances through quotations of EU court judgments. Elevate your practice with swift access to key insights tailored for practitioners. Not a subscriber yet? Request a demo: https://lnkd.in/eDDtdaPd #stateaid #europeanunion #competitionlaw #internationallaw

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This webinar is the last part in this series. This time, we focus on dismissal and GDPR. We follow the same pattern. Based on several common practical questions, our speaker Isabel Plets will discuss this topic and give you guidance on how to advise on it. The following questions are addressed:   - What GDPR obligations does an employer have upon dismissal (employee referral on website, mailbox, communication on dismissal etc.)? - How long must or can personnel records be kept after dismissal? - Is an ex-employee entitled to have access to all his personal data to prepare his file for an employment court? - Can an employer monitor a former employee's mailbox after dismissal and view professional emails of the employee?   We hope to welcome you all to this webinar which will be given in DUTCH.   PRACTICAL DETAILS: 📅 Thursday 16 May 2024 ⌚ 11:30 - 12:30 👉 Registration: https://lnkd.in/ePhQKNFv   Please feel free to contact our speaker with any specific questions you may have.   To be informed of future events or legal updates, please subscribe here: https://lnkd.in/egvk8q9c   #Lydian #employment #GDPR #law

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Under Dutch law, parties are free, in principle, to decide whether to continue or break off negotiations. In certain cases, however, negotiations may have reached a stage where, although breaking off negotiations is not considered unacceptable, a party is no longer free to break off the negotiations without reimbursing all or part of the costs incurred by the other party. The Dutch Supreme Court rendered a decision (ECLI:NL:HR:2024:884) on 14 June 2024 on such a situation of breaking off negotiations in the light of the doctrine of unjust enrichment. Read the full article by Petra Vos and Emily den Boer here: https://stibbe.law/3Smtb17

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🚨 🆕 Updates under the Digital Services Act 🚨   The European Commission has sent preliminary findings under the DSA to X on the proceedings opened in December 2023.   ‼️ In their preliminary findings, they found that X is in breach of the DSA in key transparency areas, and in particular with regards to dark patterns, advertising transparency and data access for researchers.   See more here on the preliminary findings and the next steps: 🔗 👉🏻 https://europa.eu/!CGPVCV

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🌟 New Open Access Article Alert! Curious about how businesses can assess their Intellectual Capital (IC) during uncertain times? Check out this cutting-edge study: "How to assess the intellectual capital of firms in uncertain times: a systematic literature review and a proposed model for practical adoption" by Marcello Cosa, Eugénia de Matos Pedro, and Boris Urban, published in the Journal of Intellectual Capital! 📖 Highlights: Proposes the Integrated Intellectual Capital Measurement (IICM) model for navigating business uncertainty. Systematic review of 2,709 studies, spotlighting human capital as a critical yet underrepresented component of competitiveness. Offers valuable insights for business resilience, innovation, and managing intellectual assets in turbulent times. 🔗 Read the full article here (Open Access)! https://lnkd.in/eA-_gqQq #IntellectualCapital #BusinessResilience #Innovation #HumanCapital #ICMeasurement #OpenAccess #AcademicResearch

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In the latest post on the blog, Michaël Van den Poel discusses Case C-21/23 and analyses the potential risks that the Court's interpretation poses to consistent enforcement of the GDPR and potential overexpansion of the concept of sensitive data. Read the full post here: https://lnkd.in/eRP_vrRF

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Happy to share this joint piece with Maria Elena Vignoli in Just Security's new Symposium on the International Criminal Court Office of the Prosecutor’s Policy on #Complementarity and #Cooperation. "What’s notable here is that the overwhelming focus of the new policy is on partnership. In his preface “A Renewed Partnership for Accountability,” the Prosecutor emphasizes that: “[a]bove all, this new policy and the innovative approach it outlines is founded on the principle of partnership” (page 6). While being clear that “if States do not step up, the Office will not hesitate to fulfill its mandate” (para. 4), the policy lacks detail on how it intends to exercise this vigilance. This is not just a rhetorical point. It raises real concerns that the implementation of this policy could result in an excessive focus on support for and deference to some national authorities, leaving victims without credible avenues for justice. The new emphasis on partnership has coincided with the Prosecutor’s decision to close two preliminary examinations (Colombia and Guinea) in deference to national efforts, and complete investigative activities in four situations since 2021 (Central African Republic, Georgia, Kenya, and Uganda). The likelihood of credible accountability through domestic proceedings in some of these situations is uncertain. This highlights the need for the Office to carefully walk the line between the two tracks when implementing this policy and to use its unique leverage to ensure that justice is effectively delivered, at the ICC and in domestic courts."

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For anyone interested in criminal law or criminal justice, the Elgar Encyclopedia of Crime and Criminal Justice, edited by Pedro Caeiro, Sabine Gless, Valsamis Mitsilegas, Miguel João Costa, Janneke de Snaijer and Georgia Theodorakakou, is currently available open access. It's really comprehensive and full of great entries, but if you're interested in how criminal trials work, please check out my piece on 'Trials'. It's a great reference for anyone writing on, studying or thinking about criminal law. https://lnkd.in/eR_pwn5J

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Until now, the enforcement moratorium has applied to the (re-)qualification of employment relationships. As of 1 January 2025, this enforcement moratorium will no longer apply. This means that the Dutch Tax Authorities (Belastingdienst) will enforce legislation regarding (re-)qualification of employment contracts.   On 1 October 2024, the House of Representatives adopted several motions. One of these motions concerns the so-called "soft landing"; the enforcement strategy should be changed to introduce a softer landing when lifting the enforcement moratorium by temporarily, for at least one year, primarily enforcing risk-based, focusing on problem cases such as forced self-employment, underpayment, obvious false self-employment, and labor migration constructions.   Now is the time for companies to evaluate self-employed relationships and take necessary steps for a future proof workforce.   For further explanation or any questions regarding the misclassification risk and corresponding key takeaways, please reach out to Mirjam de Blécourt, Maarten Hoelen, or Danielle Pinedo. #tax #employment #BakerMcKenzie

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In a significant development, early this month the Dutch Data Protection Authority (AP) has announced that it will often regard the #scraping of #personaldata by #privatecompanies as a violation of the #GeneralDataProtectionRegulation (#GDPR) (https://lnkd.in/dpzgMkdW). This stance, if adopted widely across the EU, could have far-reaching consequences for developers and deployers of #artificialintelligence (#AI) systems, potentially restricting essential data scraping activities for #AImodeltraining (https://lnkd.in/dcpDRFak). The AP’s guidance adopts a broad definition of data scraping, according to which scraping encompasses any automated collection and recording of information from the #INTERNET. This interpretation means that scraping activities invariably involve #personaldata, thereby triggering GDPR protections. Moreover, the AP argues that obtaining GDPR-compliant #consent for scraped data is practically challenging. Identifying and securing consent from #DataSubjects whose data will be scraped is often impractical. As a result, ‘ #legitimateinterests ’ become the primary lawful basis for such activities. However, the AP contends that #commercialinterests are unlikely to qualify as legitimate interests under GDPR, potentially disqualifying many private sector applications, including AI training. The AP’s analysis concludes that using scraped personal data for Generative AI development does not qualify as a legitimate interest under GDPR. This, coupled with the imminent enforcement of the EU's new #AIAct and efforts by copyright holders to limit text and data mining, signals a significant tightening of EU regulations on AI-related data scraping. This issue is not confined to the EU. Other global data protection regulators, including the UK's Information Commissioner’s Office (https://lnkd.in/dX9gmpxB) and courts in the United States (https://lnkd.in/dfDM6e8X), have also weighed in on data scraping, contributing to a complex international landscape. Thus, organizations might explore alternative solutions to navigate this evolving legal framework. #DataLicensing arrangements with aggregators, who can ensure compliance with notice and consent requirements, could be one approach. Additionally, using #syntheticdata for AI training, as demonstrated in autonomous vehicle development. But... are these indeed promising alternatives to circumvent the challenges of #GDPRCompliance?

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European Data Protection Board Adopted on 7 October 2024 Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive Version 2.0. In these Guidelines, the EDPB addresses the applicability of Article 5(3) of the ePrivacy Directive to different technical solutions. These Guidelines expand upon the Opinion 9/2014 of the Article 29 Working Party on the application of ePrivacy Directive to device fingerprinting and aim to provide a clear understanding of the technical operations covered by Article 5(3) of the ePrivacy Directive. The emergence of new tracking methods to both replace existing tracking tools (for example, cookies, due to discontinued support for third-party cookies by some browser vendors) and create new business models has become a critical data protection concern. While the applicability of Article 5(3) of the ePrivacy Directive is well established and implemented for some tracking technologies such as cookies, there is a need to address ambiguities related to the application of the said provision to emerging tracking tools. The Guidelines identify three key elements for the applicability of Article 5(3) of the ePrivacy Directive (section 2.1), namely ‘information’, ‘terminal equipment of a subscriber or user’ and ‘gaining access and ‘storage of information and stored information’. The Guidelines further provide a detailed analysis of each element. In the section 3, that analysis is applied to a non-exhaustive list of use cases representing common techniques, namely: - URL and pixel tracking - Local processing - Tracking based on IP only - Intermittent and mediated Internet of Things (IoT) reporting - Unique Identifier Adopted. #eprivacy #cookies #guidelines https://lnkd.in/dg5_jtEH

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Do you disagree with a fine, for example for speeding or wrong parking? It is becoming increasingly easy to file an objection. Several companies offer the opportunity to draft and submit objection notices. As a result, courts are overwhelmed. Assessing and dealing with these appeals takes a lot of time, leading to increased workload and stress. Computer scientists Daan Kolkman calls the proliferation of appeals cases worrying. He also thinks it is essential that decision-support AI has a place in the judiciary. Governments increasingly use algorithms to inform or supplant decision-making. Artificial Intelligence systems in particular are considered objective, consistent and efficient decision-makers, but have also been shown to be fallible. Furthermore, the adoption of artificial intelligence (AI) in government is fraught with challenges which are only partly understood and rarely studied in practice.  Kolkman, Floris Bex, Nitin Narayan and Manuella van der Put studied how artificial intelligence can make decision-making more efficient in practice. To this end, they developed a system that can take over routine tasks in appeals. This leaves lawyers with time for more important matters. Want to learn more? Read their recent publication in Big Data & Society: https://lnkd.in/eATGiPiQ.

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📢 ANNOUNCEMENT 📢 #CEDPO will host its #DPOConference24' in October bringing together DPOs and data protection practitioners to exchange with the regulatory and legislative community on the future of the profession, the #GDPR and the #EUdigitalstrategy. ❗ Mark your Calendars! ❗ Follow #CEDPO for more program & speaker information. If you're a European #DPO, this is going to be an event you'll want to attend! #dataprotection #privacy #informationgovernance #informationsecurity #dataprotectionofficer #AI #Artificialintelligence #datagovernance #data

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Data Protection and Conflict of Interest I am thrilled to share a new article wrote with Cecília Castro for the International Network for Privacy and Law Professionals (INPLP). The role of the Data Protection Officer (DPO), or Encarregado de Dados, is critical to fostering a culture of privacy and data protection in organisations. Given their unique position, DPOs must have independence, autonomy, and direct access to senior management to fulfil their duties effectively. However, as organisations seek to optimise resources, the possibility of role accumulation often arises, whereby a DPO might take on additional responsibilities within the company. This raises significant questions around conflict of interest, particularly as data protection regulations continue to evolve in Brazil and globally. https://lnkd.in/dgWM4qZ8 https://lnkd.in/d5ZxKgS4 Article provided by INPLP member: Patricia Peck Pinheiro (Peck Advogados, Brazil). Co-author: Cecilia Castro #privacy #law #INPLP #Dataprotection #DPO #conflictofinterest #LGPD

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"The EDPB has launched its 2023 Annual Report. The report provides an overview of the work carried out by the EDPB in the previous year and reflects on important milestones, such as the election of Anu Talus as EDPB Chair; the adoption of two binding decisions and one urgent binding decision providing important common interpretations of data protection law and key legal principles that will shape the digital landscape; and the launch of the EDPB’s first outreach project for a general audience: the EDPB Data Protection Guide for small business. In addition, it includes examples of enforcement by data protection authorities (DPAs) at national level."   The Report can be found here: https://lnkd.in/dDmFj8yp #GDPRandNonEUcompanies #EDPObrussels #EUrepresentative #DataProtection #UKrepresentative #EDPOuk #GDPR #UKGDPR #EUGDPR #edpb #annualreport   Subscribe to EDPO's newsletter here: https://lnkd.in/dwK8sde   *This article was not written by EDPO. The opinions and views of the author(s) do not necessarily represent those of EDPO. https://lnkd.in/d3ZyNNas

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How can we strengthen children's privacy and online safety? Szymon Sieniewicz, LL.M. Eur., CIPP/E from Linklaters and Inês Dias Pinheiro from PLMJ will share their practical insights on key EU laws, examine recent regulatory guidelines and enforcement actions focused on children’s data privacy, and discuss technological challenges and compliance strategies at the 8th Annual Privacy & Data Protection Summit in Berlin, Germany, on October 24-25, 2024. Don’t miss these important privacy and data protection insights. Find out more here ➡️: https://lnkd.in/eYW9qszV #PrivacyData2024 #PrivacySummit #DataProtection #PrivacyData

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Today, an article coauthored by associate Fernando Naegele and Luca Belli, Rodrigo Dias de Pinho Gomes, Beatriz Costa, Sofia Chang e Daniel Lage about the suspension by the Brazilian National Data Protection Authority ("ANPD") of the updated version of the Meta's Privacy Policy. The authors discussed the context of the decision, its relevance to AI regulation in the country, and the need for a technical and equitable approach by the ANPD. The article in Portuguese can be accessed here: https://lnkd.in/durhaJ8k #ANPD #Meta #AI

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