The European Commission has published its Proposal for a Regulation on a European approach for Artificial Intelligence. The Proposal follows a public consultation on the Commission’s White Paper on AI published in February 2020. The Commission simultaneously proposed a new Machinery Regulation, designed to ensure the safe integration of AI systems into machinery.
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The European Data Protection Board has adopted its Opinion on the draft UK adequacy decision issued by the European Commission on February 19, 2021. The EDPB’s Opinion is non-binding but will be persuasive. The adequacy decision will be formally adopted if it is approved by the EU Member States acting through the European Council. If the adequacy decision is adopted, transfers of personal data from the EU to the UK may continue without the implementation of a data transfer mechanism under the EU General Data Protection Regulation, such as Standard Contractual Clauses.
Continue Reading EDPB Adopts Opinion on Draft UK Adequacy Decision

On March 25, 2021, the Centre for Information Policy Leadership at Hunton Andrews Kurth organized an expert roundtable on the EU Approach to Regulating AI–How Can Experimentation Help Bridge Innovation and Regulation? Roundtable panelists explored how methodologies, such as policy prototyping and regulatory sandboxes, can help create the right rules and frameworks and interpret them constructively for regulating AI in a way that enables responsible innovation and risk mitigation.
Continue Reading CIPL Organizes Webinar on EU Approach to Regulating AI and Regulatory Experimentation

The concept of regulatory sandboxes has gained traction in the data protection community. Since the UK Information Commissioner’s Office completed its pilot program of regulatory sandboxes in September 2020, two European Data Protection Authorities have created their own sandbox initiatives following the ICO’s framework.
Continue Reading Regulatory Sandboxes are Gaining Traction with European Data Protection Authorities

On February 19, 2021, the European Commission published a draft data protection adequacy decision relating to the UK. If the draft decision is adopted, organizations in the EU will be able to continue to transfer personal data to organizations in the UK without restriction, and will not need to rely upon data transfer mechanisms, such as the EU Standard Contractual Clauses, to ensure an adequate level of protection.
Continue Reading European Commission Publishes Draft UK Data Transfer Adequacy Determination

On February 10, 2021, the European Data Protection Supervisor published two opinions on the European Commission’s proposals for a Digital Services Act and a Digital Markets Act. The two proposals are part of a set of measures announced in the 2020 European Strategy for Data and have two main goals: (1) creating a safer digital space in which the fundamental rights of all users of digital services are protected, and (2) establishing a level playing field to foster innovation, growth and competitiveness in the European Single Market and globally.
Continue Reading EDPS Publishes Opinion on Digital Services Act and Digital Markets Act

On February 10, 2021, representatives of the EU Member States reached an agreement on the Council of the European Union’s negotiating mandate for the draft ePrivacy Regulation, which will replace the current ePrivacy Directive. The text approved by the EU Member States was prepared under Portugal’s Presidency and will form the basis of the Council’s negotiations with the European Parliament on the final terms of the ePrivacy Regulation.
Continue Reading EU Member States Agree on Council’s Text for the ePrivacy Regulation

On February 5, 2020, the Centre for Information Policy Leadership at Hunton Andrews Kurth submitted a response to the European Commission’s public consultation on the Commission’s Proposal for a Regulation on European Data Governance. This proposal is the first set of initiatives announced under the broader European Data Strategy.
Continue Reading CIPL Submits Response to European Commission’s Proposal for a Regulation on European Data Governance

On January 15, 2020, the European Data Protection Board and European Data Protection Supervisor adopted joint opinions on the draft Standard Contractual Clauses released by the European Commission in November 2020, both for international transfers and for controller-processor relationships within the EEA.
Continue Reading EDPB and EDPS Adopt Joint Opinions on Draft SCCs