EDPB clarifies personal data breach notification requirements for non-EU controllers

On 28 March 2023, the European Data Protection Board (“EDPB”) adopted updated guidelines on the obligation for non-EU established controllers to notify supervisory authorities (“SA”) following a personal data breach. Article 4(12) of the General Data Protection Regulation (“GDPR”) stipulates that a personal data breach occurs when there is an “accidental or unlawful destruction, loss,…

OpenAI’s ChatGPT banned in Italy

On 31 March 2023, the Italian Data Protection Authority (“DPA”) imposed a temporary ban and launched an investigation into the OpenAI-powered platform ChatGPT’s compliance with the General Data Protection Regulation (“GDPR”) following a data breach. The data breach took place on March 20th over a critical nine-hour period that left ChatGPT Plus (the subscription version…

Ensuring swift enforcement in digital markets

The issue – digital markets require swift enforcement[1] The Government accepts that swift enforcement is critical in fast-moving digital markets[2]. Without it smaller players are pushed out quickly, market concentration rises and innovation and entry are more difficult. Markets then don’t work well for consumers because prices rise and quality suffers. The EU, USA, Australian…

Advocate General Opinion on Automated Credit-Scoring & Retention of Insolvency Data

On 16 March 2023, an Advocate General Opinion (the “Opinion”) established that automated credit-scoring for the purpose of obtaining a loan constitutes ‘profiling’. The Advocate General (the “AG”) considered three key points raised by the Administrative Court of Wiesbaden and concluded that: 1) Automated decision making about the ability of a person to service a…

White House’s Economic Report of the President sets out a roadmap to improve competition in digital markets

On Tuesday, March 22nd, the White House released the Economic Report of the President (ERP), a full chapter of which is devoted to Competition in the Digital Economy. See the full report here. The report summarises that the promised benefits of the internet have been undermined by over-concentration. Digital markets should be a great vehicle…